Common use of Appointment of Remarketing Agent Clause in Contracts

Appointment of Remarketing Agent. The Remarketing Agent is hereby appointed to remarket Bonds pursuant to this Agreement, and to keep such books and records as shall be consistent with prudent industry practice and to make such books and records available for inspection by the Notice Parties at all reasonable times. The Remarketing Agent shall act as such under the Remarketing Agreement. (a) The Remarketing Agent may at any time resign and be discharged of the duties and obligations created by this Agreement by giving at least ten (10) days' notice to the Notice Parties. The Remarketing Agent may suspend its remarketing efforts as set forth in the Remarketing Agreement. The Remarketing Agent may be removed at any time, at the direction of the Company, by an instrument filed with the Remarketing Agent, the Trustee and the Paying Agent and upon at least ten (10) days' notice to the Remarketing Agent. Any successor Remarketing Agent shall be selected by the Company, and shall be a member of the National Association of Securities Dealers, Inc., shall have a capitalization of at least fifteen million dollars ($15,000,000), shall be authorized by law to perform all the duties set forth in this Agreement and shall be reasonably acceptable to the Credit Provider and Liquidity Provider. The Company's delivery to the Trustee of a certificate setting forth the effective date of the appointment of a successor Remarketing Agent and the name of such successor shall be conclusive evidence that (i) if applicable, the predecessor Remarketing Agent has been removed in accordance with the provisions of this Agreement and (ii) such successor has been appointed and is qualified to act as Remarketing Agent under the terms of this Agreement. (b) If the Remarketing Agent consolidates with, merges or converts into, or transfers all or substantially all of its assets (or, in the case of a bank, national banking association or trust company, its corporate assets) to, another Company, the resulting, surviving or transferee Company without any further act shall be the successor Remarketing Agent.

Appointment of Remarketing Agent. The Remarketing Agent Goldman, Sachs & Co. is hereby appointed to remarket by the Authority at the xxxxxxt ox xxx Company as the initial Remarketing Agent of the Bonds pursuant to this Agreement, and to keep such books and records as shall be consistent with prudent industry practice and to make such books and records available for inspection by the Notice Parties at all reasonable times. The Remarketing Agent shall act serve as such under the Remarketing Agreement. (a) The Remarketing Agent may at any time resign terms and be discharged provisions hereof and of the duties and obligations created by this Agreement by giving at least ten (10) days' notice to the Notice Parties. The Remarketing Agent may suspend its remarketing efforts as set forth in the Remarketing Agreement. The Remarketing Agent may be removed at any time, at the direction of the Company, by an instrument filed with the Remarketing Agent, the Trustee and the Paying Agent and upon at least ten (10) days' notice to the Remarketing Agent. Any including any successor Remarketing Agent shall be selected by the Companyappointed pursuant hereto, and shall be a member of the National Association of Securities Dealers, Inc., shall have a Inc. having capitalization of at least fifteen million dollars ($15,000,000)25,000,000, shall and be authorized by law to perform all the duties set forth in imposed upon it by this Indenture, the Bond Purchase Trust Agreement and shall be reasonably acceptable to the Credit Provider and Liquidity ProviderRemarketing Agreement. The Remarketing Agent for any series of Bonds may be removed at any time by the Authority, upon thirty (30) days' notice, acting at the written direction of the Company's delivery to , by an instrument signed by the Trustee of a certificate setting forth Authority and filed with the Trustee, the Registrar and Paying Agent, the Bond Insurer, the Remarketing Agent and the Company. If there shall not be at least one Remarketing Agent serving as such for the Bonds following the effective date of a proposed removal of a Remarketing Agent, no such removal shall take effect until the appointment of a successor Remarketing Agent and the name of such successor shall be conclusive evidence that (i) if applicable, the predecessor Agent. The Remarketing Agent has been removed in accordance with for any Bonds may resign upon 30 days written notice delivered to the provisions of this Agreement and (ii) such successor has been appointed and is qualified to act as Remarketing Agent under the terms of this Agreement. (b) If the Remarketing Agent consolidates with, merges or converts into, or transfers all or substantially all of its assets (or, in the case of a bank, national banking association or trust company, its corporate assets) to, another Company, the resultingAuthority, surviving the Trustee, the Registrar and Paying Agent, the Bond Insurer and the issuer of any Support Facility. The Company shall use its commercially reasonable efforts to cause the Authority to appoint a successor Remarketing Agent that is a qualified institution, effective as of the effectiveness of any such resignation or transferee Company without any further act removal. Each successor Remarketing Agent shall be a qualified institution selected and appointed by the successor Authority, upon the written request and with the approval of the Company. If there shall be more than one Remarketing AgentAgent serving as such for the Bonds, the Authority, at the request of the Company, shall designate one such Remarketing Agent as "Remarketing Representative" to act on behalf of all Remarketing Agents for the Bonds, and each other Remarketing Agent shall agree in writing to accept the determinations of such Remarketing Representative.

Appointment of Remarketing Agent. The Remarketing Agent is Xxxxxxx Xxxxx Xxxxxx Inc., Xxxxxx Xxxxxxx & Co. Incorporated and X.X. Xxxxxx Securities Inc. are hereby appointed to remarket Bonds pursuant to this Agreement, and to keep such books and records as shall be consistent with prudent industry practice and to make such books and records available for inspection by the Notice Parties at all reasonable timesAuthority as the initial Remarketing Agents to serve as such under the terms and provisions hereof and of the Remarketing Agreement for the Series 2001A-1 Bonds, the Series 2001A-2 Bonds and the Series 2001A-3 Bonds, respectively. The Remarketing Agent shall act as such under the Remarketing Agreement. (a) The Remarketing Agent may at for any time resign and be discharged of the duties and obligations created by this Agreement by giving at least ten (10) days' notice to the Notice Parties. The Remarketing Agent may suspend its remarketing efforts as set forth in the Remarketing Agreement. The Remarketing Agent may be removed at subseries, including any timesuccessor appointed pursuant hereto, at the direction of the Company, by an instrument filed with the Remarketing Agent, the Trustee and the Paying Agent and upon at least ten (10) days' notice to the Remarketing Agent. Any successor Remarketing Agent shall be selected by the Company, and shall be a member of the National Association of Securities Dealers, Inc., shall have a Inc. having capitalization of at least fifteen million dollars ($15,000,000)25,000,000, shall and be authorized by law to perform all the duties set forth in imposed upon it by this Indenture, the Bond Purchase Trust Agreement and shall be reasonably acceptable to the Credit Provider and Liquidity ProviderRemarketing Agreement. The Remarketing Agent for any subseries of Bonds may be removed at any time by the Authority, upon thirty (30) days' notice, acting at the written direction of the Company by an instrument signed by the Authority and filed with the Trustee, the Registrar and Paying Agent, the Remarketing Agent and the Company's delivery to the Trustee . If there shall not be at least one Remarketing Agent serving as such for any subseries of a certificate setting forth Bonds following the effective date of a proposed removal of a Remarketing Agent for such subseries, no such removal shall take effect until the appointment of a successor Remarketing Agent and the name for such subseries of such successor shall be conclusive evidence that (i) if applicable, the predecessor Bonds. The Remarketing Agent has been removed in accordance with for any subseries of Bonds may resign upon 30 days written notice delivered to the provisions of this Agreement and (ii) such successor has been appointed and is qualified to act as Remarketing Agent under the terms of this Agreement. (b) If the Remarketing Agent consolidates with, merges or converts into, or transfers all or substantially all of its assets (or, in the case of a bank, national banking association or trust company, its corporate assets) to, another Company, the resultingAuthority, surviving the Trustee, the Registrar and Paying Agent and the issuer of any Support Facility. The Company shall use its best efforts to cause the Authority to appoint a successor Remarketing Agent that is a qualified institution, effective as of the effectiveness of any such resignation or transferee Company without any further act removal. Each successor Remarketing Agent shall be a qualified institution selected and appointed by the successor Authority, upon the written request and with the approval of the Company. If there shall be more than one Remarketing AgentAgent serving as such for a subseries of Bonds, the Authority, at the request of the Company, shall designate one such Remarketing Agent as "Remarketing Representative" to act on behalf of all Remarketing Agents for such subseries, and each other Remarketing Agent shall agree in writing to accept the determinations of such Remarketing Representative.

Appointment of Remarketing Agent. The Remarketing Agent is Xxxxxxx Xxxxx Xxxxxx Inc., Xxxxxx Xxxxxxx & Co. Incorporated and X.X. Xxxxxx Securities Inc. are hereby appointed to remarket Bonds pursuant to this Agreement, and to keep such books and records as shall be consistent with prudent industry practice and to make such books and records available for inspection by the Notice Parties at all reasonable times. The Authority as the initial Remarketing Agent shall act Agents to serve as such under the Remarketing Agreement. (a) The Remarketing Agent may at any time resign terms and be discharged provisions hereof and of the duties Market Agent Agreement for the Series 2001B-1 Bonds, the Series 2001B-2 Bonds and obligations created by this Agreement by giving at least ten (10) days' notice to the Notice Parties. The Remarketing Agent may suspend its remarketing efforts as set forth in the Series 2001B-3 Bonds, respectively, and of any successor Remarketing Agreement. The Remarketing Agent may be removed at for any timesubseries, at the direction of the Companyincluding any successor appointed pursuant hereto, by an instrument filed with the Remarketing Agent, the Trustee and the Paying Agent and upon at least ten (10) days' notice to the Remarketing Agent. Any successor Remarketing Agent shall be selected by the Company, and shall be a member of the National Association of Securities Dealers, Inc., shall have a Inc. having capitalization of at least fifteen million dollars ($15,000,000)25,000,000, shall and be authorized by law to perform all the duties set forth in imposed upon it by this Indenture, the Bond Purchase Trust Agreement and shall be reasonably acceptable to the Credit Provider and Liquidity ProviderRemarketing Agreement. The Remarketing Agent for any subseries of Bonds may be removed at any time by the Authority, upon thirty (30) days' notice, acting at the written direction of the Company by an instrument signed by the Authority and filed with the Trustee, the Registrar and Paying Agent, the Remarketing Agent and the Company's delivery to the Trustee . If there shall not be at least one Remarketing Agent serving as such for any subseries of a certificate setting forth Bonds following the effective date of a proposed removal of a Remarketing Agent for such subseries, no such removal shall take effect until the appointment of a successor Remarketing Agent and the name for such subseries of such successor shall be conclusive evidence that (i) if applicable, the predecessor Bonds. The Remarketing Agent has been removed in accordance with for any subseries of Bonds may resign upon 30 days written notice delivered to the provisions of this Agreement and (ii) such successor has been appointed and is qualified to act as Remarketing Agent under the terms of this Agreement. (b) If the Remarketing Agent consolidates with, merges or converts into, or transfers all or substantially all of its assets (or, in the case of a bank, national banking association or trust company, its corporate assets) to, another Company, the resultingAuthority, surviving the Trustee, the Registrar and Paying Agent and the issuer of any Support Facility. The Company shall use its best efforts to cause the Authority to appoint a successor Remarketing Agent that is a qualified institution, effective as of the effectiveness of any XI-7 such resignation or transferee Company without any further act removal. Each successor Remarketing Agent shall be a qualified institution selected and appointed by the successor Authority, upon the written request and with the approval of the Company. If there shall be more than one Remarketing AgentAgent serving as such for a subseries of Bonds, the Authority, at the request of the Company, shall designate one such Remarketing Agent as "Remarketing Representative" to act on behalf of all Remarketing Agents for such subseries, and each other Remarketing Agent shall agree in writing to accept the determinations of such Remarketing Representative.

Appointment of Remarketing Agent. The Remarketing Agent is Sxxxxxx Xxxxx Bxxxxx Inc., Mxxxxx Sxxxxxx & Co. Incorporated and Banc One Capital Markets, Inc. are hereby appointed as the initial Remarketing Agents to remarket serve as such under the terms and provisions hereof and of the Remarketing Agreement for the Series 1999A-1 Bonds, the Series 1999A-2 Bonds pursuant to this Agreementand the Series 1999A-3 Bonds, and to keep such books and records as shall be consistent with prudent industry practice and to make such books and records available for inspection by the Notice Parties at all reasonable timesrespectively. The Remarketing Agent shall act as such under the Remarketing Agreement. (a) The Remarketing Agent may at for any time resign and be discharged of the duties and obligations created by this Agreement by giving at least ten (10) days' notice to the Notice Parties. The Remarketing Agent may suspend its remarketing efforts as set forth in the Remarketing Agreement. The Remarketing Agent may be removed at subseries, including any timesuccessor appointed pursuant hereto, at the direction of the Company, by an instrument filed with the Remarketing Agent, the Trustee and the Paying Agent and upon at least ten (10) days' notice to the Remarketing Agent. Any successor Remarketing Agent shall be selected by the Company, and shall be a member of the National Association of Securities Dealers, Inc., shall have a Inc. having capitalization of at least fifteen million dollars ($15,000,000)25,000,000, shall and be authorized by law to perform all the duties set forth in imposed upon it by this Indenture, the Bond Purchase Trust Agreement and shall be reasonably acceptable to the Credit Provider and Liquidity ProviderRemarketing Agreement. The Remarketing Agent for any subseries of Bonds may be removed at any time by the Authority, upon thirty (30) days' notice, acting at the written direction of the Company by an instrument signed by the Authority and filed with the Trustee, the Registrar and Paying Agent, the Remarketing Agent and the Company's delivery to the Trustee . If there shall not be at least one Remarketing Agent serving as such for any subseries of a certificate setting forth Bonds following the effective date of a proposed removal of a Remarketing Agent for such subseries, no such removal shall take effect until the appointment of a successor Remarketing Agent and the name for such subseries of such successor shall be conclusive evidence that (i) if applicable, the predecessor Bonds. The Remarketing Agent has been removed in accordance with for any subseries of Bonds may resign upon 30 days written notice delivered to the provisions of this Agreement and (ii) such successor has been appointed and is qualified to act as Remarketing Agent under the terms of this Agreement. (b) If the Remarketing Agent consolidates with, merges or converts into, or transfers all or substantially all of its assets (or, in the case of a bank, national banking association or trust company, its corporate assets) to, another Company, the resultingAuthority, surviving the Trustee, the Registrar and Paying Agent and the issuer of any Support Facility. The Company shall use its best efforts to cause the Authority to appoint a successor Remarketing Agent that is a qualified institution, effective as of the effectiveness of any such resignation or transferee Company without any further act removal. Each successor Remarketing Agent shall be a qualified institution selected and appointed by the successor Authority, upon the written request and with the approval of the Company. If there shall be more than one Remarketing AgentAgent serving as such for a subseries of Bonds, the Authority, at the request of the Company, shall designate one such Remarketing Agent as "Remarketing Representative" to act on behalf of all Remarketing Agents for such subseries, and each other Remarketing Agent shall agree in writing to accept the determinations of such Remarketing Representative.