Common use of Conditions to the Remarketing Agent's Obligations Clause in Contracts

Conditions to the Remarketing Agent's Obligations. (a) The obligations of the Remarketing Agent and any other remarketing underwriters to purchase and remarket the Preferred Securities or the Debentures, as the case may be, shall be subject to the terms and conditions of the Remarketing Underwriting Agreement. (b) If at any time during the term of this Agreement, any Indenture Event of Default or Declaration Event of Default, or event that with the passage of time or the giving of notice or both would become an Indenture Event of Default or Declaration Event of Default, has occurred and is continuing under the Indenture or the Declaration, then the obligations and duties of the Remarketing Agent under this Agreement shall be suspended until such default or event has been cured. The Company will cause the Indenture Trustee and the Institutional Trustee to give the Remarketing Agent notice of all such defaults and events of which the Trustee is aware.

Appears in 3 contracts

Samples: Remarketing Agreement (Cendant Corp), Remarketing Agreement (Cendant Capital Iii), Remarketing Agreement (Conseco Financing Trust Vii)

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Conditions to the Remarketing Agent's Obligations. (a) The obligations of the Remarketing Agent Agent, the Secondary Purchaser and any other remarketing underwriters purchasers to purchase perform their respective obligations hereunder and remarket under the Preferred Securities or the Debentures, as the case may be, Secondary Purchase Agreement shall be subject to the terms and conditions of the Remarketing Underwriting Secondary Purchase Agreement. (b1) If at any time during the term of this Agreement, any Indenture Event of Default under the Indenture or Declaration any Event of DefaultDefault under the Trust Agreement, or event that with the passage of time or the giving of notice or both would become an Indenture Event of Default under the Indenture or Declaration an Event of DefaultDefault under the Trust Agreement, has occurred and is continuing under the Indenture or the DeclarationTrust Agreement, then the obligations and duties of the Remarketing Agent under this Agreement shall be suspended until such default or event has been cured. The Company will shall cause the Indenture Trustee and the Institutional Property Trustee to give provide to the Remarketing Agent notice of all such defaults and events of which the Property Trustee is aware, and the Subordinated Notes Issuer shall cause the Indenture Trustee to provide to the Remarketing Agent notice of all such defaults and events of which the Indenture Trustee is aware.

Appears in 1 contract

Samples: Remarketing and Contingent Purchase Agreement (Ace LTD)

Conditions to the Remarketing Agent's Obligations. (a) The obligations of the Remarketing Agent Agent, the Secondary Purchaser and any other remarketing underwriters purchasers to purchase perform their respective obligations hereunder and remarket under the Preferred Securities or the Debentures, as the case may be, Secondary Purchase Agreement shall be subject to the terms and conditions of the Remarketing Underwriting Secondary Purchase Agreement. (b) If at any time during the term of this Agreement, any Indenture Event of Default under the Indenture or Declaration any Event of DefaultDefault under the Trust Agreement, or event that with the passage of time or the giving of notice or both would become an Indenture Event of Default under the Indenture or Declaration an Event of DefaultDefault under the Trust Agreement, has occurred and is continuing under the Indenture or the DeclarationTrust Agreement, then the obligations and duties of the Remarketing Agent under this Agreement shall be suspended until such default or event has been cured. The Company will shall cause the Indenture Trustee and the Institutional Property Trustee to give the Remarketing Agent notice of all such defaults and events of which the Indenture Trustee or the Property Trustee is aware.

Appears in 1 contract

Samples: Remarketing Agreement (Hercules Inc)

Conditions to the Remarketing Agent's Obligations. (ai) The obligations of the Remarketing Agent and any other remarketing underwriters to purchase and remarket the Preferred Securities or the Debentures, as the case may be, shall be subject to the terms and conditions of the Remarketing Underwriting Agreement. (bii) If at any time during the term of this Agreement, any Indenture Debenture Event of Default or Declaration Trust Agreement Event of Default, or event that with the passage of time or the giving of notice or both would become an Indenture Event of Default or Declaration Trust Agreement Event of Default, has occurred and is continuing under the Indenture or the DeclarationTrust Agreement, then the obligations and duties of the Remarketing Agent under this Agreement shall be suspended until such default or event has been cured. The Company will shall cause the Subordinated Indenture Trustee and the Institutional Property Trustee to give the Remarketing Agent notice of all such defaults and events of which the Trustee is aware.

Appears in 1 contract

Samples: Remarketing Agreement (Lincoln National Corp)

Conditions to the Remarketing Agent's Obligations. (a) The obligations of the Remarketing Agent and any other remarketing underwriters to purchase and remarket the Preferred Securities or the Debentures, as the case may be, shall be subject to the terms and conditions of the Remarketing Underwriting Purchase Agreement. (b) If at any time during the term of this Agreement, any Indenture Event of Default or Declaration Event of Default, or event that with the passage of time or the giving of notice or both would become an Indenture Event of Default or Declaration Event of Default, has occurred and is continuing under the Indenture or the Declaration, then the obligations and duties of the Remarketing Agent under this Agreement shall be suspended until such default or event has been cured. The Company will cause the Indenture Trustee and the Institutional Trustee to give the Remarketing Agent notice of all such defaults and events of which the Trustee is aware.

Appears in 1 contract

Samples: Remarketing Agreement (Kennametal Financing I)

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Conditions to the Remarketing Agent's Obligations. (a) The obligations of the Remarketing Agent and any other remarketing underwriters to purchase and remarket the Trust Preferred Securities or the Debentures, as the case may be, shall be subject to the terms and conditions of the Remarketing Underwriting Agreement. (b) If at any time during the term of this Agreement, any Indenture Event of Default or Declaration Event of Default, or event that with the passage of time or the giving of notice or both would become an Indenture Event of Default or Declaration Event of Default, has occurred and is continuing under the Indenture or the Declaration, then the obligations and duties of the Remarketing Agent under this Agreement shall be suspended until such default or event has been cured. The Company will cause the Indenture Trustee and the Institutional Trustee to give the Remarketing Agent notice of all such defaults and events of which the Trustee is aware.

Appears in 1 contract

Samples: Remarketing Agreement (PCHC Finance I)

Conditions to the Remarketing Agent's Obligations. (a) The obligations of the Remarketing Agent and any other remarketing underwriters to purchase and remarket the Preferred Capital Securities or the Debentures, as the case may be, shall be subject to the terms and conditions of the Remarketing Underwriting Agreement. (b) If at any time during the term of this Agreement, any Indenture Event of Default or Declaration Event of Default, or event that with the passage of time or the giving of notice or both would become an Indenture Event of Default or Declaration Event of Default, has occurred and is continuing under the Indenture or the Declaration, then the obligations and duties of the Remarketing Agent under this Agreement shall be suspended until such default or event has been cured. The Company will cause the Indenture Trustee and the Institutional Property Trustee to give the Remarketing Agent notice of all such defaults and events of which the Trustee is aware.

Appears in 1 contract

Samples: Remarketing Agreement (Cox Communications Inc /De/)

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