Common use of Appointment of Remarketing Agent Clause in Contracts

Appointment of Remarketing Agent. Xxxxxxx Xxxxx Xxxxxx Inc., Xxxxxx Xxxxxxx & Co. Incorporated and X.X. Xxxxxx Securities Inc. are hereby appointed by the Authority 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 for any subseries, including any successor appointed pursuant hereto, shall be a member of the National Association of Securities Dealers, Inc. having capitalization of at least $25,000,000, and be authorized by law to perform all the duties imposed upon it by this Indenture, the Bond Purchase Trust Agreement and the Remarketing 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. If there shall not be at least one Remarketing Agent serving as such for any subseries of 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 for such subseries of Bonds. The Remarketing Agent for any subseries of Bonds may resign upon 30 days written notice delivered to the Company, the Authority, 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 removal. Each successor Remarketing Agent shall be a qualified institution selected and appointed by the Authority, upon the written request and with the approval of the Company. If there shall be more than one Remarketing Agent 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. Xxxxxxx Xxxxx Xxxxxx Inc.Goldman, Xxxxxx Xxxxxxx Sachs & Co. Incorporated and X.X. Xxxxxx Securities Inc. are is hereby appointed by the Authority at the xxxxxxt ox xxx Company as the initial Remarketing Agents Agent of the Bonds and 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, respectivelyAgreement. The Remarketing Agent for any subseriesAgent, including any successor appointed pursuant hereto, shall be a member of the National Association of Securities Dealers, Inc. having capitalization of at least $25,000,000, and be authorized by law to perform all the duties imposed upon it by this Indenture, the Bond Purchase Trust Agreement and the Remarketing Agreement. The Remarketing Agent for any subseries 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 Company, by an instrument signed by the 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 any subseries of the Bonds following the effective date of a proposed removal of a Remarketing Agent for such subseriesAgent, no such removal shall take effect until the appointment of a successor Remarketing Agent for such subseries of BondsAgent. The Remarketing Agent for any subseries of Bonds may resign upon 30 days written notice delivered to the Company, the Authority, the Trustee, the Registrar and Paying Agent Agent, the Bond Insurer and the issuer of any Support Facility. The Company shall use its best 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 removal. Each successor Remarketing Agent shall be a qualified institution selected and appointed by the Authority, upon the written request and with the approval of the Company. If there shall be more than one Remarketing Agent serving as such for a subseries of 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 such subseriesthe Bonds, and each other Remarketing Agent shall agree in writing to accept the determinations of such Remarketing Representative.

Appointment of Remarketing Agent. Xxxxxxx Sxxxxxx Xxxxx Xxxxxx Bxxxxx Inc., Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx & Co. Incorporated and X.X. Xxxxxx Securities Banc One Capital Markets, Inc. are hereby appointed by the Authority 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 1999A-1 Bonds, the Series 2001A-2 1999A-2 Bonds and the Series 2001A-3 1999A-3 Bonds, respectively. The Remarketing Agent for any subseries, including any successor appointed pursuant hereto, shall be a member of the National Association of Securities Dealers, Inc. having capitalization of at least $25,000,000, and be authorized by law to perform all the duties imposed upon it by this Indenture, the Bond Purchase Trust Agreement and the Remarketing 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. If there shall not be at least one Remarketing Agent serving as such for any subseries of 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 for such subseries of Bonds. The Remarketing Agent for any subseries of Bonds may resign upon 30 days written notice delivered to the Company, the Authority, 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 removal. Each successor Remarketing Agent shall be a qualified institution selected and appointed by the Authority, upon the written request and with the approval of the Company. If there shall be more than one Remarketing Agent 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. Xxxxxxx Xxxxx Xxxxxx Inc., Xxxxxx Xxxxxxx & Co. Incorporated and X.X. Xxxxxx Securities Brothers Inc. are is hereby appointed a Remarketing Agent to remarket the Bonds, to set the interest rates on the Bonds, to determine Interest Periods for Commercial Paper Bonds, to keep such books and records as shall be consistent with prudent industry practice, to make such books and records available for inspection by the Borrower, the Authority as and the initial Remarketing Agents Trustee at all reasonable times and otherwise to serve as such under the terms and provisions hereof and perform all duties of the Remarketing Agreement Agent set forth in this Agreement. The Borrower may appoint different Remarketing Agents for each subseries of Bonds and, in such case, references to the Remarketing Agent hereunder shall refer to the Remarketing Agent for the Series 2001A-1 Bonds, the Series 2001A-2 Bonds and the Series 2001A-3 Bonds, respectivelyrelated subseries. The Remarketing Agent for may at any subseriestime resign and be discharged of the duties and obligations created by this Agreement by giving at least 30 days' written notice to the Borrower, including the Authority and the Trustee. The Remarketing Agent may be removed at any successor appointed pursuant heretotime, at the written direction of the Borrower upon at least 30 days' notice, by an instrument filed with the <PAGE> 53 Remarketing Agent, the Authority and the Trustee. Any Remarketing Agent shall be selected by the Borrower and shall be a bank, trust company or member of the National Association of Securities Dealers, Inc. having Inc., shall have a capitalization of at least $25,000,00015,000,000, shall be a participant in DTC and shall be authorized by law to perform all the duties imposed upon it by set forth in this Indenture, the Bond Purchase Trust Agreement and the Remarketing Agreement. The Remarketing Agent for any subseries Borrower's delivery to the Trustee of Bonds may be removed at any time by a certificate setting forth the Authority, upon thirty (30) days' notice, acting at the written direction effective date of the Company by an instrument signed by the Authority and filed with the Trustee, the Registrar and Paying Agent, the appointment of a Remarketing Agent and the Company. If there shall not be at least one Remarketing Agent serving as name of such for any subseries of 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 for such subseries of Bonds. The Remarketing Agent for any subseries of Bonds may resign upon 30 days written notice delivered to the Company, the Authority, 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 removal. Each successor Remarketing Agent shall be a qualified institution selected and appointed by conclusive evidence that (a) if applicable, the Authority, upon the written request and predecessor Remarketing Agent has been removed in accordance with the approval provisions of the Company. If there shall be more than one Remarketing Agent serving as such for a subseries of Bonds, the Authority, at the request of the Company, shall designate one this Agreement and (b) such Remarketing Agent as "Remarketing Representative" has been appointed and is qualified to act on behalf of all Remarketing Agents for such subseries, and each other as Remarketing Agent under the terms of this Agreement. 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 corporation, the resulting, surviving or transferee corporation without any further act shall agree in writing to accept be the determinations of such successor Remarketing RepresentativeAgent.

Appointment of Remarketing Agent. Xxxxxxx Xxxxx Xxxxxx Inc., Xxxxxx Xxxxxxx & Co. Incorporated and X.X. Xxxxxx Securities Inc. are hereby appointed by the Authority as the initial Remarketing Agents to serve as such under the terms and provisions hereof and of the Remarketing Market Agent Agreement for the Series 2001A-1 2001B-1 Bonds, the Series 2001A-2 2001B-2 Bonds and the Series 2001A-3 2001B-3 Bonds, respectively, and of any successor Remarketing Agreement. The Remarketing Agent for any subseries, including any successor appointed pursuant hereto, shall be a member of the National Association of Securities Dealers, Inc. having capitalization of at least $25,000,000, and be authorized by law to perform all the duties imposed upon it by this Indenture, the Bond Purchase Trust Agreement and the Remarketing 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. If there shall not be at least one Remarketing Agent serving as such for any subseries of 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 for such subseries of Bonds. The Remarketing Agent for any subseries of Bonds may resign upon 30 days written notice delivered to the Company, the Authority, 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 removal. Each successor Remarketing Agent shall be a qualified institution selected and appointed by the Authority, upon the written request and with the approval of the Company. If there shall be more than one Remarketing Agent 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.