Common use of Failed Remarketing Clause in Contracts

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, a Failed Remarketing shall be deemed to have occurred.

Appears in 5 contracts

Samples: Supplemental Indenture (Genworth Financial Inc), Supplemental Indenture (Genworth Financial Inc), Supplemental Indenture (Genworth Financial Inc)

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Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 3 contracts

Samples: Supplemental Indenture (Johnson Controls Inc), Supplemental Indenture (Johnson Controls Inc), Supplemental Indenture (Johnson Controls Inc)

Failed Remarketing. If, by 4:00 p.m., New York City time, on any the last Remarketing DateDate of the Applicable Remarketing Period, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 2 contracts

Samples: Supplemental Indenture (Great Plains Energy Inc), Supplemental Indenture (Great Plains Energy Inc)

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes Debentures at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 2 contracts

Samples: First Supplemental Indenture (Archer Daniels Midland Co), First Supplemental Indenture (Archer Daniels Midland Co)

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, despite using reasonable efforts, the Remarketing Agent is Agents are unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing AgreementAgreement or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 1 contract

Samples: Second Supplemental Indenture (Cit Group Inc)

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, a Failed Optional Remarketing or Failed Final Remarketing, if occurring during the Final Remarketing Period, shall be deemed to have occurred.

Appears in 1 contract

Samples: Supplemental Indenture (Entergy Corp /De/)

Failed Remarketing. If, by 4:00 p.m., New York City time, on any the second Remarketing Date, the Remarketing Agent is Agents are unable to remarket all of the Remarketed Senior Convertible Notes at or above the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, a Failed Remarketing shall be deemed to have occurred.

Appears in 1 contract

Samples: Supplemental Indenture (Stanley Works)

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Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 1 contract

Samples: First Supplemental Indenture (Autoliv Inc)

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, despite using reasonable efforts, the Remarketing Agent is unable to remarket all of the Remarketed Senior Subordinated Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing AgreementAgreement or the Remarketing has not occurred because a condition precedent to the Remarketing has not been fulfilled, a Failed Remarketing shall be deemed to have occurred.

Appears in 1 contract

Samples: Supplemental Indenture (E Trade Financial Corp)

Failed Remarketing. If, by 4:00 p.m., New York City time, on any Remarketing Date, the Remarketing Agent is unable to remarket all of the Remarketed Senior Subordinated Notes at the Remarketing Price pursuant to the terms and conditions hereof and of the Remarketing Agreement, a Failed Remarketing shall be deemed to have occurred.

Appears in 1 contract

Samples: Supplemental Indenture (E Trade Financial Corp)

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