Common use of Concerning the Remarketing Agent Clause in Contracts

Concerning the Remarketing Agent. Banc One Capital Markets, Inc. has been appointed the Remarketing Agent to act as agent of the Issuer. Any subsequent Remarketing Agent shall be appointed by the Issuer with the approval of Borrower and the Bank and shall meet the qualifications set forth in this Section and Section 6.18 hereof. The Remarketing Agent shall designate to the Trustee its principal remarketing office and signify its acceptance of the duties and obligations imposed upon it hereunder by a written instrument of acceptance delivered to the Issuer, the Bank, the Borrower and the Trustee. In addition, the Remarketing Agent will agree particularly to: (a) compute the Weekly Interest Rate, the One Month Interest Rate, the Three Month Interest Rate, the Six Month Interest Rate, the One Year Interest Rate, the Five Year Interest Rate and the Fixed Interest Rate, as applicable, and give notices of such computations to the Trustee on each applicable Interest Rate Determination Date, all in accordance with this Indenture; and (b) keep such records relating to its computations of interest rates for the Project Bonds as shall be consistent with prudent industry practice and to make such records available for inspection by the Issuer, the Trustee, the Bank and the Borrower at all reasonable times. The Remarketing Agent shall be entitled to advice of legal counsel on any matter relating to the Remarketing Agent's obligations hereunder and shall be entitled to act upon the opinion of such counsel in the exercise of reasonable care in fulfilling such obligations. The Remarketing Agent shall be entitled to appoint additional co-Remarketing Agents to assist in the performance of the Remarketing Agent's obligations under this Indenture, and any such appointment shall be effective without any action by the Issuer, the Borrower or the Bank being necessary; provided that any such co-Remarketing Agent, shall have a capitalization of at least $5,000,000, or shall have a line of credit with a commercial bank in the amount of at least $5,000,000, shall be in conformity with all standards and requirements of the Municipal Securities Rulemaking Board and the Securities and Exchange Commission, and shall be authorized by law to perform all the duties imposed upon it by this Indenture.

Concerning the Remarketing Agent. Banc One Capital Markets, Inc. has been is hereby appointed the Remarketing Agent to act as agent of the IssuerAgent. Any subsequent Remarketing Agent shall be appointed by the Issuer Bank with the approval consent of the Borrower and the Bank and shall meet the qualifications set forth in this Section and Section 6.18 6.14 hereof. The Remarketing Agent shall designate to the Trustee its principal remarketing office and signify its acceptance of the duties and obligations imposed upon it hereunder by a written instrument of acceptance delivered to the Issuer, the Bank, the Borrower and the Trustee. In addition, the Remarketing Agent will agree particularly to: (a) compute the Weekly Interest Rate, the One Month Interest Rate, the Three Month Interest Rate, the Six Month Interest Rate, the One Year Interest Rate, the Five Year Interest Rate and the Fixed Interest Rate, as applicable, and give notices of such computations to the Trustee on each applicable Interest Rate Determination Date, all in accordance with this Indenture; and (b) keep such records relating to its computations of interest rates for the Project Bonds as shall be consistent with prudent industry practice and to make such records available for inspection by the Issuer, the Trustee, the Bank and the Borrower at all reasonable times. The Remarketing Agent shall be entitled to advice of legal counsel on any matter relating to the Remarketing Agent's obligations hereunder and shall be entitled to act upon the opinion of such counsel in the exercise of reasonable care in fulfilling such obligations. The Remarketing Agent shall be entitled to appoint additional co-Remarketing Agents to assist in the performance of the Remarketing Agent's obligations under this Indenture, and any such appointment shall be effective without any action by the Issuer, the Borrower or the Bank being necessary; provided that any such co-Remarketing Agent, shall have a capitalization of at least $5,000,000, or shall have a line of credit with a commercial bank in the amount of at least $5,000,000, shall be in conformity with all standards and requirements of the Municipal Securities Rulemaking Board and the Securities and Exchange Commission, and shall be authorized by law to perform all the duties imposed upon it by this Indenture.

Concerning the Remarketing Agent. Banc One Capital MarketsEveren Securities, Inc. has been is hereby appointed the Remarketing Agent to act as agent of by the Issuer. Any subsequent Remarketing Agent shall be appointed by the Issuer Issuer, with the approval of the Borrower and the Bank and shall meet the qualifications set forth in this Section and Section 6.18 hereof and shall act as the agent of the Issuer pursuant to the provisions hereof. The Remarketing Agent shall designate to the Trustee its principal remarketing office and signify its acceptance of the duties and obligations imposed upon it hereunder by a written instrument of acceptance delivered to the Issuer, the Bank, the Borrower and the Trustee. In addition, the Remarketing Agent will agree particularly to: (a) compute the Weekly Interest Rate, the One Month Interest Rate, the Three Month Interest Rate, the Six Month Interest Rate, the One Year Interest Rate, the Five Year Interest Rate and the Fixed Interest Rate, as applicable, and give notices of such computations to the Trustee on each applicable Interest Rate Determination Date, all in accordance with this Indenture; and (b) keep such records relating to its computations of interest rates for the Project Refunding Bonds as shall be consistent with prudent industry practice and to make such records available for inspection by the Issuer, the Trustee, the Bank and the Borrower at all reasonable times. The Remarketing Agent shall be entitled to advice of legal counsel on any matter relating to the Remarketing Agent's obligations hereunder and shall be entitled to act upon the opinion of such counsel in the exercise of reasonable care in fulfilling such obligations. The Remarketing Agent shall shall, with the consent of the Borrower, be entitled to appoint additional co-Remarketing Agents to assist in the performance of the Remarketing Agent's obligations under this Indenture, and any such appointment shall be effective without any action by the Issuer, the Borrower Issuer or the Bank being necessary; provided that any such co-Remarketing Agent, shall have a capitalization of at least $5,000,000, or shall have a line of credit with a commercial bank in the amount of at least $5,000,000, shall be in conformity with all standards and requirements of the Municipal Securities Rulemaking Board and the Securities and Exchange Commission, and shall be authorized by law to perform all the duties imposed upon it by this Indenture. Gates Capital Corporation is hereby appointed as an initial co-Remarketing Agent.

Concerning the Remarketing Agent. Banc One Capital Markets, Inc. has been appointed The Remarketing Agent identified in Section 1.01 hereof shall serve as the Remarketing Agent to act as agent for the Bonds. Following any resignation or removal of the Issuer. Any subsequent Remarketing Agent Agent, the Borrower shall be appointed by appoint a successor remarketing agent subject to the Issuer with requirements of Section 5.16 hereof and provide prior notice of such appointment to the approval of Borrower Trustee and the Bank and shall meet the qualifications set forth in this Section and Section 6.18 hereofIssuer. The Remarketing Agent shall designate to the Trustee its principal remarketing office Designated Office and signify its acceptance of the duties and obligations imposed upon it hereunder by a written instrument of acceptance delivered to the Issuer, the Bank, the Borrower and the Trustee. In addition, the Remarketing Agent will agree particularly to: (a) compute the Weekly Interest Rate, the One Month Interest Rate, the Three Month Interest Rate, the Six Month Interest Rate, the One Year Interest Rate, the Five Year Interest Rate and the Fixed Interest Rate, as applicable, and give notices of such computations to the Trustee on each applicable Interest Rate Determination Date, all in accordance with this Indenture; and (b) keep such records relating to its computations of interest rates for the Project Bonds as shall be consistent with prudent industry practice and to make such records available for inspection by the Issuer, the Trustee, the Bank Borrower and the Borrower Limited Partner at all reasonable times; and (b) perform all of its functions and duties under this Indenture. The Remarketing Agent shall be entitled to advice of legal counsel on any matter relating to the Remarketing Agent's ’s obligations hereunder and shall be entitled to act upon the opinion of such counsel in the exercise of reasonable care in fulfilling such obligations. The Remarketing Agent shall be entitled to appoint additional co-Remarketing Agents to assist in the performance of the Remarketing Agent's ’s obligations under this Indenture, and any such appointment shall be effective without any action by the Issuer, Issuer or the Borrower or the Bank being necessary; provided that any such co-Remarketing Agent, shall have a capitalization of at least $5,000,000, or shall have a line of credit with a commercial bank in the amount of at least $5,000,000, shall be in conformity with all standards and requirements of the Municipal Securities Rulemaking Board and the Securities and Exchange Commission, and shall be authorized by law to perform all the duties imposed upon it by this Indenture. The Remarketing Agent shall take responsibility for any co-Remarketing Agent it appoints.

Concerning the Remarketing Agent. Banc One Capital MarketsXxxxx Fargo Brokerage Services, Inc. LLC has been appointed the Remarketing Agent to act as agent of the IssuerAgent. Any subsequent Remarketing Agent shall be appointed by the Issuer Company, with the approval consent of Borrower and the Bank (which consent shall not be unreasonably withheld or delayed), and shall meet the qualifications set forth in this Section and Section 6.18 9.10 hereof. The Company shall notify the Issuer and the Trustee of the appointment of any subsequent Remarketing Agent. The Remarketing Agent shall designate to the Trustee its principal remarketing office Operations Office and signify its acceptance of the duties and obligations imposed upon it hereunder by a written instrument of acceptance delivered to the Issuer, the Bank, the Borrower Company and the Trustee. In addition, the Remarketing Agent will agree particularly to: (a) compute the Daily Interest Rate, the Weekly Interest Rate, the One Month Monthly Interest Rate, the Three Month Quarterly Interest Rate, the Six Month Semiannual Interest Rate, the One Year Annual Interest Rate, the Five Five-Year Interest Rate and the Fixed Interest Rate, as applicable, and give notices of such computations to the Trustee on each applicable Interest Rate Determination Date, all in accordance with this Indenture; and (b) keep such records relating to its computations of interest rates for the Project Bonds as shall be consistent with prudent industry practice and to make such records available for inspection by the Issuer, the Trustee, the Bank and the Borrower Company at all reasonable times. The Remarketing Agent shall be entitled to advice of legal counsel on any matter relating to the Remarketing Agent's obligations hereunder and shall be entitled to act upon the opinion of such counsel in the exercise of reasonable care in fulfilling such obligations. The Remarketing Agent shall be entitled to appoint additional co-Remarketing Agents to assist in the performance of the Remarketing Agent's obligations under this Indenture, and any such appointment shall be effective without any action by the Issuer, the Borrower or the Bank being necessary; provided that any such co-Remarketing Agent, shall have a capitalization of at least $5,000,000, or shall have a line of credit with a commercial bank in the amount of at least $5,000,000, shall be in conformity with all standards and requirements of the Municipal Securities Rulemaking Board and the Securities and Exchange Commission, and shall be authorized by law to perform all the duties imposed upon it by this Indenture.