Appointment of Remarketing Agent; Responsibilities of Remarketing Agent Sample Clauses

Appointment of Remarketing Agent; Responsibilities of Remarketing Agent. (a) Subject to the terms and conditions herein contained and pursuant to Section 15.01 of the Indenture, the Issuer has appointed and the User hereby appoints Merchant Capital, L.L.C., and Merchant Capital, L.L.C. hereby accepts such appointment, as exclusive remarketing agent (the “Remarketing Agent”) in performing the respective functions of determining the Variable Rate and the Fixed Rate from time to time and the remarketing of the Bonds from time to time in the secondary market subsequent to the initial offering, issuance and sale of the Bonds, all as more fully provided herein.
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Appointment of Remarketing Agent; Responsibilities of Remarketing Agent. (a) Subject to the terms and conditions herein contained, the Remarketing Agent is hereby appointed, and the Remarketing Agent hereby accepts such appointment and the duties and obligations imposed on it hereunder and under the Bond Resolution and the Modal Agreement, as exclusive remarketing agent in connection with the determination of interest rates, the offering and sale of the Bonds from time to time in the secondary market subsequent to the initial offering, and the performance and discharge of all other responsibilities stated to be that of the Remarketing Agent under the Bond Resolution and the Modal Agreement. The Remarketing Agent agrees to perform the duties and obligations as remarketing agent as set forth hereunder and under the Bond Resolution and the Modal Agreement.
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Appointment of Remarketing Agent; Responsibilities of Remarketing Agent. (a) Subject to the terms and conditions contained herein and in the Modal Agreement, the Issuer hereby appoints the Remarketing Agent as the exclusive remarketing agent for the Bonds pursuant to the Modal Agreement, and the Remarketing Agent hereby accepts such appointment in connection with the offering and sale of the Bonds from time to time in the secondary market subsequent to the initial offering, issuance and sale of the Bonds.
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Appointment of Remarketing Agent; Responsibilities of Remarketing Agent. (a) The Issuer hereby appoints the Remarketing Agent as its exclusive agent for (i) determining from time to time the interest rates for the Bonds in accordance with the terms of the Supplemental Resolution and (ii) remarketing the Bonds (including Bank Bonds) in accordance with the terms of the Supplemental Resolution and, in reliance upon the representations contained herein and subject to the terms and conditions contained herein, the Remarketing Agent hereby accepts such appointment in connection with such fixing of the rates and the offering and sale of the Bonds from time to time in the secondary market and agrees to perform such duties in accordance with all of the terms and conditions of and as provided in the Supplemental Resolution.
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Appointment of Remarketing Agent; Responsibilities of Remarketing Agent. (a) Subject to the terms and conditions herein contained, the Borrower and the Authority have appointed the Remarketing Agent, and the Remarketing Agent hereby accepts such appointment, as exclusive remarketing agent in connection with the offering and sale of the Bonds from time to time in the secondary market subsequent to the initial offering, issuance and sale of the Bonds. The Remarketing Agent shall mean with respect to the Bonds and to the responsibility for the performance of obligations of the Remarketing Agent pursuant to this Remarketing Agreement, unless specifically stated otherwise, Xxxxxxxx, Cone & Xxxxxxxxx and its respective successors in such office under this Remarketing Agreement.
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Appointment of Remarketing Agent; Responsibilities of Remarketing Agent. (a) Subject to the terms and conditions contained herein and in the Trust Agreement, the Cooperative hereby appoints Alex. Xxxxx & Sons Incorporated, and Alex. Xxxxx & Sons Incorporated hereby accepts such appointment, as exclusive remarketing agent (i) in connection with offering and sale (a "remarketing") of the Certificates from time to time in the secondary market subsequent to the initial offering, issuance and sale of the Certificates, and (ii) in connection with the establishment of the Weekly Rate and the Flex Rate (collectively referred to herein as the "Variable Rate") to be borne by the Certificates, all as provided in the Trust Agreement.
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Related to Appointment of Remarketing Agent; Responsibilities of Remarketing Agent

  • Appointment of Successor Servicer (a) Upon the Servicer’s receipt of notice of termination pursuant to Section 7.01 or the Servicer’s resignation pursuant to Section 6.05, the predecessor Servicer shall continue to perform its functions as Servicer under this Agreement, in the case of termination, only until the date specified in such termination notice or, if no such date is specified in a notice of termination, until receipt of such notice and, in the case of resignation, until the later of (i) the date forty-five (45) days from the delivery to the Trustees of written notice of such resignation (or written confirmation of such notice) in accordance with the terms of this Agreement and (ii) the date upon which the predecessor Servicer shall become unable to act as Servicer, as specified in the notice of resignation and accompanying Opinion of Counsel. In the event of the Servicer’s termination hereunder, the Indenture Trustee shall appoint a Successor Servicer, and the Successor Servicer shall accept its appointment (including its appointment as Administrator under the Administration Agreement as set forth in Section 7.02(b)) by a written assumption in form acceptable to the Trustees. In the event that a Successor Servicer has not been appointed at the time when the predecessor Servicer has ceased to act as Servicer in accordance with this Section, the Indenture Trustee without further action shall automatically be appointed the Successor Servicer and the Indenture Trustee shall be entitled to receive the Total Servicing Fee. Notwithstanding the above, the Indenture Trustee shall, if it shall be legally unable or unwilling so to act, appoint or petition a court of competent jurisdiction to appoint any established institution, having a net worth of not less than $50,000,000 and whose regular business shall include the servicing of automobile receivables (including light-duty trucks), as the successor to the Servicer under this Agreement. In no event shall the Successor Servicer be liable for the acts or omissions of any predecessor Servicer.

  • Replacement of Subordination Agent; Appointment of Successor The Subordination Agent may resign at any time by so notifying each other party hereto. The Controlling Party may remove the Subordination Agent for cause by so notifying the Subordination Agent and may appoint a successor Subordination Agent. The Controlling Party shall remove the Subordination Agent if:

  • Appointment of Special Servicer The Controlling Note Holder (or its Controlling Note Holder Representative) shall have the right (subject to the terms, conditions and limitations in the Lead Securitization Servicing Agreement) at any time and from time to time, with or without cause, to replace the Special Servicer then acting with respect to the Mortgage Loan and appoint a replacement Special Servicer with the Required Special Servicer Rating. Any designation by the Controlling Note Holder (or its Controlling Note Holder Representative) of a Person to serve as Special Servicer shall be made by delivering to each other Note Holder, the Master Servicer, the Special Servicer and each other party to the Lead Securitization Servicing Agreement a written notice stating such designation and satisfying the other conditions to such replacement as set forth in the Lead Securitization Servicing Agreement and delivering a Rating Agency Communication to each Rating Agency (or obtaining a Rating Agency Confirmation from each Rating Agency, but only if required by the terms of the Lead Securitization Servicing Agreement). The Controlling Note Holder shall be solely responsible for any expenses incurred in connection with any such replacement without cause. The Controlling Note Holder shall notify the other parties hereto of its termination of the then currently serving Special Servicer and its appointment of a replacement Special Servicer in accordance with this Section 7. If the Controlling Note Holder has not appointed a Special Servicer with respect to the Mortgage Loan as of the consummation of the securitization under the Lead Securitization Servicing Agreement, then the initial Special Servicer designated in the Lead Securitization Servicing Agreement shall serve as the initial Special Servicer but this shall not limit the right of the Controlling Note Holder (or its Controlling Note Holder Representative) to designate a replacement Special Servicer for the Mortgage Loan as aforesaid. If a Servicer Termination Event on the part of the Special Servicer has occurred that affects any Non-Controlling Note Holder, such Non-Controlling Note Holder shall have the right to direct the Trustee (or at any time that the Mortgage Loan is no longer included in a Securitization Trust, the Controlling Note Holder) to terminate the Special Servicer under the Lead Securitization Servicing Agreement solely with respect to the Mortgage Loan pursuant to and in accordance with the terms of the Lead Securitization Servicing Agreement. Each Note Holder acknowledges and agrees that any successor special servicer appointed to replace the Special Servicer with respect to the Mortgage Loan that was terminated for cause at a Non-Controlling Note Holder’s direction cannot at any time be the person (or an Affiliate thereof) that was so terminated without the prior written consent of such Non-Controlling Note Holder. Each Non-Controlling Note Holder shall be solely responsible for reimbursing the Trustee’s or the Controlling Note Holder’s, as applicable, costs and expenses, if not paid within a reasonable time by the terminated special servicer and, in the case of the Trustee, that would otherwise be reimbursed to the Trustee from amounts on deposit in the Lead Securitization’s “collection account”.

  • Appointment of the Owner Trustee The Seller hereby appoints the Owner Trustee as trustee of the Issuer effective as of the date hereof, to have all the rights, powers and duties set forth herein.

  • Resignation or Removal of the Trustee; Appointment of Successor Trustee (a) The Trustee may at any time resign as Trustee hereunder by written notice of its election so to do, delivered to the Depositor, and such resignation shall take effect upon the appointment of a successor Trustee and its acceptance of such appointment as hereinafter provided; provided, however, that in the event of such resignation, the Trustee shall (i) assist the Depositor in finding a successor Trustee acceptable to the Depositor and (ii) negotiate in good faith concerning any prepaid but unaccrued fees.

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