Failed Final Remarketing Sample Clauses
Failed Final Remarketing. (a) If a Failed Final Remarketing occurs Holders of Notes that are not part of a New PEPS Unit will retain possession of their Notes.
(b) Holders of Notes that are not pledged to the Corporation and remain outstanding after a Failed Final Remarketing will have the right to put their Notes in whole or in part to the Corporation on a date to be determined by the Corporation in its sole discretion that is no earlier than 30 days and no later than 60 days from May 18, 2004 (the "PUT EXERCISE DATE"), for an amount to be paid on the Put Exercise Date equal to the principal amount of their Notes being put, plus accrued and unpaid interest, by delivering to the Trustee, prior to 5:00 p.m., New York City time, on or prior to the second Business Day before the Put Exercise Date, a Put Notice substantially in the form contained in the form of Note attached hereto as Exhibit A.
(c) In addition to the events listed as Events of Default in Section 801 of the Original Indenture, it shall be an additional Event of Default with respect to the Notes, if the Corporation defaults in the payment of an amount equal to the principal amount of, plus accrued and unpaid interest on, any Note following the exercise by the Holder of such Note of the put right established pursuant to this Section.
(d) If there is no Successful Remarketing on May 11, 2004, the Guarantor will cause a notice of the failure of Remarketing of the Notes to be published before 9:00 a.m., New York City time, on May 12, 2004 and another Remarketing will be attempted on that day. If there has not been a Successful Remarketing on May 12, 2004, the Guarantor will cause a notice of the failure of Remarketing of the Notes to be published before 9:00 a.m., New York City time, on May 13, 2004 and another Remarketing will be attempted on that day. If there has not been a Successful Remarketing on May 13, 2004, the Guarantor will cause a notice of the failure of Remarketing of the Notes to be published before 9:00 a.m., New York City time, on May 14, 2004 and, within 10 days of May 18, 2004, will mail a notice to each Holder of Notes eligible to exercise the put right, with a copy to the Trustee, stating the Put Exercise Date and the date by which a Holder must provide the Trustee with notice of its election to exercise the put right. Notices to be published under this paragraph will be validly published by making a timely release to any appropriate news agency, including Bloomberg Business News and the Dow Jones News ...
Failed Final Remarketing. If a Failed Final Remarketing occurs Holders of Notes that are not part of an Equity Unit will retain possession of their Notes, and the Reset Rate will be reset on the Warrant Settlement Date as described in the definition of Reset Rate in SECTION 1.01 and in SECTION 4.01 of this Agreement.
Failed Final Remarketing. If a Failed Final Remarketing occurs Holders of Preferred Securities or Subordinated Notes, as the case may be, that are not part of a PEPS Unit will retain possession of their Preferred Securities, and the Reset Rate will be reset on the Purchase Contract Settlement Date as described in the definition of Reset Rate in Section 1.01 and in Section 4.01 of this Agreement.
Failed Final Remarketing. If a Failed Final Remarketing occurs Holders of Notes that are not part of a New PEPS Unit will retain possession of their Notes, and the Coupon Rate will not be reset and the Notes will continue to bear interest at the Coupon Rate (as defined in clause (i) of the definition of such term).
Failed Final Remarketing. 25 ARTICLE FIVE MISCELLANEOUS PROVISIONS....................................................................................... 26