CHANGES IN THE AUCTION DATE. The applicable Broker-Dealer, with the written consent of an Authorized Officer and, if applicable, upon receipt of the opinion of Note Counsel as required below, may specify an earlier Auction Date (but in no event more than five Business Days earlier) than the Auction Date that would otherwise be determined in accordance with the definition of "Auction Date" in Section 1.01 of this Appendix A with respect to one or more specified Auction Periods in order to conform with then current market practice with respect to similar securities or to accommodate economic and financial factors that may affect or be relevant to the day of the week constituting an Auction Date and the interest rate borne on the Auction Rate Notes. The applicable Broker-Dealer shall deliver a written request for consent to such change in the length of the Auction Date to the Issuer at least 14 days prior to the effective date of such change. If the Issuer shall have delivered such written consent to the applicable Broker-Dealer, such Broker-Dealer shall provide notice of its determination to specify an earlier Auction Date for one or more Auction Periods by means of a written notice delivered at least 10 days prior to the proposed changed Auction Date to the Trustee, the Auction Agent, the Issuer, each Rating Agency and the Securities Depository. Such notice shall be substantially in the form of, or contain substantially the information contained in, Exhibit G attached hereto.
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CHANGES IN THE AUCTION DATE. The applicable Broker-DealerMarket Agent, with the written consent of an Authorized a Responsible Officer and, if applicable, upon receipt of the opinion Representative, and the written consent of Note Counsel as required belowthe Certificate Insurer, may specify an earlier or later Auction Date (but in no event more than five Business Days earlierearlier or later) than the Auction Date that would otherwise be determined in accordance with the definition of "Auction Date" in Section 1.01 Article I of this Appendix A these Auction Procedures with respect to one or more specified Auction Periods in order to conform with then current market practice with respect to similar securities or to accommodate economic and financial factors that may affect or be relevant to the day of the week constituting an Auction Date and the interest rate Class Remittance Rate borne on the a Class of Auction Rate NotesCertificates. The applicable Broker-Dealer Market Agent shall deliver a written request for consent to such change in the length of the Auction Date to the Issuer at least 14 Representative and the Certificate Insurer not less than three days nor more than 20 days prior to the effective date of such changechange together with a certificate demonstrating the need for change in reliance on such factors. If the Issuer shall have delivered such written consent to the applicable Broker-Dealer, such Broker-Dealer The Market Agent shall provide notice of its determination to specify an earlier Auction Date for one or more Auction Periods by means of a written notice delivered at least 10 days prior to the proposed changed Auction Date to the Trustee, the Auction Agent, the IssuerRepresentative, each the Rating Agency Agencies, the Certificate Insurer and the Securities Depository. Such notice shall be substantially in the form of, or contain substantially the information contained in, Exhibit G attached heretoAnnex C to these Auction Procedures. In connection with any change described in this Section 2.1.7, the Auction Agent shall provide such further notice to such parties as is specified in Section 2.5 of the Auction Agent Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Contimortgage Home Equity Trust 1998-1)
CHANGES IN THE AUCTION DATE. The applicable Broker-DealerMarket Agent, with the --------------------------- written consent of an Authorized Officer and, if applicable, of the Corporation and upon receipt of the opinion of Note Bond Counsel as required belowhereinafter required, may specify an earlier Auction Date (but in no event more than five (5) Business Days earlier) than the Auction Date that would otherwise be determined in accordance with the definition of "Auction Date" in Section 1.01 1 of this Appendix A First Supplemental Indenture with respect to one or more specified Auction Periods in order to conform with then current market practice with respect to similar securities or to accommodate economic and financial factors that may affect or be relevant to the day of the week constituting an Auction Date and the interest rate Auction Rate Series 1997-1 Note Interest Rate borne on by the Auction Rate Series 1997-1 Notes. No such change in the Auction Date shall be effective unless the Corporation and the Trustee, prior to the proposed effective date of such change, have received a written opinion of Bond Counsel to the effect that such change will not adversely affect the exclusion of interest on any of the Series 1997-1 Notes from income for federal income tax purposes. The applicable Broker-Dealer Market Agent shall deliver a written request for consent to such change in the length of the Auction Date to the Issuer at least 14 Corporation not less than three days nor more than twenty (20) days prior to the effective date of such change. If the Issuer shall have delivered such written consent to the applicable Broker-Dealer, such Broker-Dealer The Market Agent shall provide notice of its determination to specify an earlier Auction Date for one or more Auction Periods by means of a written notice delivered at least 10 ten (10) days prior to the proposed changed Auction Date to the Trustee, the Auction Agent, the Issuer, each Rating Agency Corporation and the Securities Depository. Such notice shall be substantially in the form of, or contain substantially the information contained in, Exhibit G attached heretoto this First Supplemental Indenture. In connection with any change described in this Section 11, the Auction Agent shall provide such further notice to such parties as is specified in Section 2.5 of the Auction Agent Agreement.
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Samples: First Supplemental Indenture of Trust (Education Loans Inc /De)
CHANGES IN THE AUCTION DATE. The applicable Broker-Dealer, with the written consent of an Authorized Officer and, if applicable, upon receipt of the opinion of Note Counsel as required below, may specify an earlier Auction Date (but in no event more than five Business Days earlier) than the Auction Date that would otherwise be determined in accordance with the definition of "Auction Date" in Section 1.01 of this Appendix A with respect to one or more specified Auction Periods in order to conform with then current market practice with respect to similar securities or to accommodate economic and financial factors that may affect or be relevant to the day of the week constituting an Auction Date and the interest rate borne on the Auction Rate Notes. The applicable Broker-Dealer shall deliver a written request for consent to such change in the length of the Auction Date to the Issuer at least 14 days prior to the effective date of such change. If the Issuer shall have delivered such written consent to the applicable Broker-Dealer, such Broker-Dealer shall provide notice of its determination to specify an earlier Auction Date for one or more Auction Periods by means of a written notice delivered at least 10 days prior to the proposed changed Auction Date to the Trustee, the Auction Agent, the Issuer, each Rating Agency and the Securities Depository. Such notice shall be substantially in the form of, or contain substantially the information contained in, Exhibit G attached hereto. In connection with any change described in this Section 2.02(h), the Auction Agent shall provide such further notice to such parties as is specified in Section 2.03 of the Auction Agent Agreement.
Appears in 1 contract
Samples: Supplemental Indenture of Trust (Nelnet Student Loan Corp- 2)
CHANGES IN THE AUCTION DATE. The applicable Broker-DealerMarket Agent, with the written consent of an Authorized Officer and, if applicable, upon receipt of the opinion of Note Counsel as required belowAdministrator, may specify an earlier or later Auction Date (but in no event more than five Business Days earlierearlier or later) than the Auction Date that would otherwise be determined in accordance with the definition of "Auction Date" in Section 1.01 1.1 of this Appendix A First Terms Supplement with respect to one or more specified Auction Periods in order to conform with then current market practice with respect to similar securities or to accommodate economic and financial factors that may affect or be relevant to the day of the week constituting an Auction Date and the interest rate Class Interest Rate borne on the Auction Rate a Class of Series 1997-1 Notes. The applicable Broker-Dealer Market Agent shall deliver a written request for consent to such change in the length of the Auction Date to the Issuer at least 14 not less than three days nor more than 20 days prior to the effective date of such changechange together with a certificate demonstrating the need for change in reliance on such factors. If Notwithstanding any adjustments to Auction Periods that have been initiated or effected pursuant to Section 2.5.7 hereof, the Issuer Market Agent shall have delivered specify Auction Periods such written consent to that a Note Distribution Date for each Class of Series 1997-1 Notes shall occur in the applicable Broker-Dealermonths of January, such Broker-Dealer April, July and October, commencing July 1997. The Market Agent shall provide notice of its determination to specify an earlier Auction Date for one or more Auction Periods by means of a written notice delivered at least 10 days prior to the proposed changed Auction Date to the Indenture Trustee, the Auction Agent, the Issuer, each the Rating Agency Agencies and the Securities Depository. Such notice shall be substantially in the form of, or contain substantially the information contained in, Exhibit G attached heretoF to this First Terms Supplement. In connection with any change described in this Section 2.5.8, the Auction Agent shall provide such further notice to such parties as is specified in Section 2.5 of the Auction Agent Agreement.
Appears in 1 contract
Samples: Indenture (Classnotes Inc)
CHANGES IN THE AUCTION DATE. The applicable Broker-Dealer, with the written consent of an Authorized Officer and, if applicable, upon receipt of the opinion of Note Counsel as required below, may specify an earlier a different Auction Date (but in no event more than five Business Days earlier) than the Auction Date that would otherwise be determined in accordance with the definition of "Auction Date" in Section 1.01 of this Appendix A with respect to one or more specified Auction Periods in order to conform with then current market practice with respect to similar securities or to accommodate economic and financial factors that may affect or be relevant to the day of the week constituting an Auction Date and the interest rate borne on the Auction Rate NotesSecurities. The applicable Broker-Dealer shall deliver a written request for consent to such change in the length of the Auction Date to the Issuer at least 14 days prior to the effective date of such change. If the Issuer shall have delivered such written consent to the applicable Broker-Dealer, such Broker-Dealer shall provide notice of its determination to specify an earlier Auction Date for one or more Auction Periods by means of a written notice delivered at least 10 days prior to the proposed changed Auction Date to the Indenture Trustee, the Auction Agent, the Issuer, each Rating Agency and the Securities Depository. Such notice shall be substantially in the form of, or contain substantially the information contained in, Exhibit G attached hereto.
Appears in 1 contract
Samples: Supplemental Indenture of Trust (SLC Student Loan Receivables I Inc)
CHANGES IN THE AUCTION DATE. The applicable Broker-DealerMarket Agent, with the written consent of an Authorized Officer and, if applicable, upon receipt of the opinion of Note Counsel as required below, may Issuer specify an earlier Auction Date (but in no event more than five Business Days earlier) than the Auction Date that would otherwise be determined in accordance with the definition of "Auction Date" in Section 1.01 1 of this Appendix A _____ Supplement with respect to one or more specified Auction Periods for one or more series of Series 200_-_ Notes, designate a Series Auction Date different than as set forth in the definition of Interest Period in order to conform with then current market practice with respect to similar securities or to accommodate economic and financial factors that may affect or be relevant to the day of the week constituting an Auction Date and the interest rate Applicable Interest Rate borne on by the Auction Rate NotesSeries 200_-_ Notes of such series. The applicable Broker-Dealer Market Agent shall deliver a written request for consent to such change in the length of the Auction Date to the Issuer at least 14 not less than three days nor more than twenty days prior to the effective date of such change. If the Issuer shall have delivered such written consent to the The applicable Broker-Dealer, such Broker-Dealer Market Agent shall provide notice of its determination to specify an earlier Auction Date for one or more Auction Periods by means of a written notice delivered at least 10 three days prior to the proposed changed Auction Date to the Trustee, the Auction Agent, the Issuer, each Rating Agency Issuer and the Securities Depository. Such notice shall be substantially in the form of, or contain substantially the information contained in, Exhibit G attached heretoto this _____ Supplement. In connection with any change described in this Section 11, the Auction Agent shall provide such further notice to such parties as is specified in Section 2.5 of the Auction Agent Agreement.
Appears in 1 contract
Samples: Supplemental Indenture of Trust (College Loan Corp Trust I)
CHANGES IN THE AUCTION DATE. The applicable Broker-DealerMarket Agent, with the written consent of an Authorized a Responsible Officer and, if applicable, upon receipt of the opinion Representative, and the written consent of Note Counsel as required belowthe Certificate Insurer, may specify an earlier or later Auction Date (but in no event more than five Business Days earlierearlier or later) than the Auction Date that would otherwise be determined in accordance with the definition of "Auction Date" in Section 1.01 Article I of this Appendix A these Auction Procedures with respect to one or more specified Auction Periods in order to conform with then current market practice with respect to similar securities or to accommodate economic and financial factors that may affect or be relevant to the day of the week constituting an Auction Date and the interest rate Class Remittance Rate borne on the a Class of Auction Rate NotesCertificates. The applicable Broker-Dealer Market Agent shall deliver a written request for consent to such change in the length of the Auction Date to the Issuer at least 14 Representative and the Certificate Insurer not less than three days nor more than 20 days prior to the effective date of such changechange together with a certificate demonstrating the need for change in reliance on such factors. If the Issuer shall have delivered such written consent to the applicable Broker-Dealer, such Broker-Dealer The Market Agent shall provide notice of its determination to specify an earlier Auction Date for one or more Auction Periods by means of a written notice delivered at least 10 days prior to the proposed changed Auction Date to the Trustee, the Auction Agent, the IssuerRepresentative, each the Rating Agency Agencies, the Certificate Insurer and the Securities Depository. Such notice shall be substantially in the form of, or contain substantially the information contained in, Exhibit G attached heretoAnnex C to these Auction Procedures. In connection with any change described in this Section 2.1.7, the Auction Agent shall provide such further notice to such parties as is specified in Section 2.5 of the Auction Agent Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)
CHANGES IN THE AUCTION DATE. The applicable Broker-DealerMarket Agent, with the written consent of an Authorized Officer and, if applicable, upon receipt of the opinion of Note Counsel as required belowAdministrator, may specify an earlier or later Auction Date (but in no event more than five Business Days earlierearlier or later) than the Auction Date that would otherwise be determined in accordance with the definition of "Auction Date" in Section 1.01 1.1 of this Appendix A _____ Terms Supplement with respect to one or more specified Auction Periods in order to conform with then current market practice with respect to similar securities or to accommodate economic and financial factors that may affect or be relevant to the day of the week constituting an Auction Date and the interest rate Class Interest Rate borne on the a Class of Auction Rate Notes. The applicable Broker-Dealer Market Agent shall deliver a written request for consent to such change in the length of the Auction Date to the Issuer at least 14 not less than three days nor more than 20 days prior to the effective date of such changechange together with a certificate demonstrating the need for change in reliance on such factors. If Notwithstanding any adjustments to Auction Periods that have been initiated or effected pursuant to Section 2.5.7 hereof, the Issuer Market Agent shall have delivered specify Auction Periods such written consent to that a Note Distribution Date for each Class of Auction Rate Notes shall occur in the applicable Broker-Dealermonths of January, such Broker-Dealer April, July and October, commencing January 1996. The Market Agent shall provide notice of its determination to specify an earlier Auction Date for one or more Auction Periods by means of a written notice delivered at least 10 days prior to the proposed changed Auction Date to the Indenture Trustee, the Auction Agent, the Issuer, each the Rating Agency Agencies and the Securities Depository. Such notice shall be substantially in the form of, or contain substantially the information contained in, Exhibit G attached heretoF to this _____ Terms Supplement. In connection with any change described in this Section 2.5.8, the Auction Agent shall provide such further notice to such parties as is specified in Section 2.5 of the Auction Agent Agreement.
Appears in 1 contract
Samples: Indenture (Transworld Insurance Co)