Common use of FAILURE TO DELIVER NOTICE OF SPECIAL RATE PERIOD Clause in Contracts

FAILURE TO DELIVER NOTICE OF SPECIAL RATE PERIOD. If the Trust fails to deliver either of the notices described in subparagraphs (d)(i) or (d)(ii) of this paragraph 4 (and, in the case of the notice described in subparagraph (d)(i) of this paragraph 4, a Municipal Preferred Basic Maintenance Report to the effect set forth in such subparagraph (if either Moody's or S&P is then rating the series in question)) with respect to any designation of any proposed Special Rate Period to the Auction Agent by 11:00 A.M., New York City time, on the second Business Day next preceding the first day of such proposed Special Rate Period (or by such later time or date, or both, as may be agreed to by the Auction Agent), the Trust shall be deemed to have delivered a notice to the Auction Agent with respect to such Special Rate Period to the effect set forth in subparagraph (d)(ii) of this paragraph 4. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(i) of this paragraph 4, it shall file a copy of such notice with the Secretary of the Trust, and the contents of such notice shall be binding on the Trust. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(ii) of this paragraph 4, the Trust will provide Moody's (if Moodx'x xx then rating the series in question) and S&P (if S&P is then rating the series in question) a copy of such notice.

Appears in 5 contracts

Samples: By Laws (Colonial California Insured Municipal Fund), By Laws (Colonial Insured Municipal Fund), By Laws (Colonial California Insured Municipal Fund)

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FAILURE TO DELIVER NOTICE OF SPECIAL RATE PERIOD. If the Trust fails to deliver either of the notices described in subparagraphs (d)(i) or (d)(ii) of this paragraph Section 4 (and, in the case of the notice described in subparagraph (d)(i) of this paragraph Section 4, a Municipal Preferred Shares Basic Maintenance Report to the effect set forth in such subparagraph (if either Moody's or S&P Fitch is then rating the series in question)) with respect to any designation of any proposed Special Rate Period to the Auction Agent by 11:00 A.M., New York City Eastern time, on the second Business Day next preceding the first day of such proposed Special Rate Period (or by such later time or date, or both, as may be agreed to determined by the Trust with appropriate consultation with the Auction AgentAgent and Broker-Dealers), the Trust shall be deemed to have delivered a notice to the Auction Agent with respect to such Special Rate Period to the effect set forth in subparagraph (d)(ii) of this paragraph Section 4. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(i) of this paragraph Section 4, it shall file a copy of such notice with the Secretary of the Trust, and the contents of such notice shall be binding on the Trust. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(ii) of this paragraph Section 4, the Trust will provide Moody's (if Moodx'x xx Xxxxx'x is then rating the series in question) and S&P Fitch (if S&P Fitch is then rating the series in question) a copy of such notice.

Appears in 5 contracts

Samples: Bylaws (RMR Dividend Capture Fund), Bylaws (RMR Hospitality & Real Estate Fund), Bylaws (RMR Real Estate Fund)

FAILURE TO DELIVER NOTICE OF SPECIAL RATE PERIOD. If the Trust fails to deliver either of the notices described in subparagraphs (d)(i) or (d)(ii) of this paragraph Section 4 (and, in the case of the notice described in subparagraph (d)(i) of this paragraph Section 4, a Municipal Preferred Shares Basic Maintenance Report to the effect set forth in such subparagraph (if either Moody's or S&P Fitch is then rating the series in question)) with respect to any designation of any proposed Special Rate Period to the Auction Agent by 11:00 A.M., New York City Eastern time, on the second Business Day next preceding the first day of such proposed Special Rate Period (or by such later time or date, or both, as may be agreed to determined by the Trust with appropriate consultation with the Auction AgentAgent and Broker-Dealers), the Trust shall be deemed to have delivered a notice to the Auction Agent with respect to such Special Rate Period to the effect set forth in subparagraph (d)(ii) of this paragraph Section 4. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(i) of this paragraph Section 4, it shall file a copy of such notice with the Secretary of the Trust, and the contents of such notice shall be binding on the Trust. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(ii) of this paragraph Section 4, the Trust will provide Moody's (if Moodx'x xx Moody's is then rating the series xxxxxx in question) and S&P Fitch (if S&P Fitch is then rating the series in question) a copy of such notice.

Appears in 3 contracts

Samples: Bylaws (RMR F.I.R.E. Fund), Bylaws (RMR F.I.R.E. Fund), Bylaws (RMR F.I.R.E. Fund)

FAILURE TO DELIVER NOTICE OF SPECIAL RATE PERIOD. If the Trust fails to deliver either of the notices described in subparagraphs (d)(i) or (d)(ii) of this paragraph Section 4 (and, in the case of the notice described in subparagraph (d)(i) of this paragraph Section 4, a Municipal Preferred Shares Basic Maintenance Report to the effect set forth in such subparagraph (if either Moody's ’s or S&P Fitch is then rating the series Series in question)) with respect to any designation of any proposed Special Rate Period to the Auction Agent by 11:00 A.M., New York City Eastern time, on the second Business Day next preceding the first day of such proposed Special Rate Period (or by such later time or date, or both, as may be agreed to determined by the Trust with appropriate consultation with the Auction AgentAgent and Broker-Dealers), the Trust shall be deemed to have delivered a notice to the Auction Agent with respect to such Special Rate Period to the effect set forth in subparagraph (d)(ii) of this paragraph Section 4. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(i) of this paragraph Section 4, it shall file a copy of such notice with the Secretary of the Trust, and the contents of such notice shall be binding on the Trust. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(ii) of this paragraph Section 4, the Trust will provide Moody's ’s (if Moodx'x xx Xxxxx’x is then rating the series Series in question) and S&P Fitch (if S&P Fitch is then rating the series Series in question) a copy of such notice.

Appears in 2 contracts

Samples: Bylaws (RMR Real Estate Income Fund), Bylaws (RMR Real Estate Income Fund)

FAILURE TO DELIVER NOTICE OF SPECIAL RATE PERIOD. If the Trust fails to deliver either of the notices described in subparagraphs (d)(i) or (d)(ii) of this paragraph 4 (and, in the case of the notice described in subparagraph (d)(i) of this paragraph 4, a Municipal Preferred Basic Maintenance Report to the effect set forth in such subparagraph (if either Moody's or S&P is then rating the series in question)) with respect to any designation of any proposed Special Rate Period to the Auction Agent by 11:00 A.M., New York City time, on the second Business Day next preceding the first day of such proposed Special Rate Period (or by such later time or date, or both, as may be agreed to by the Auction Agent), the Trust shall be deemed to have delivered a notice to the Auction Agent with respect to such Special Rate Period to the effect set forth in subparagraph (d)(ii) of this paragraph 4. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(i) of this paragraph 4, it shall file a copy of such notice with the Secretary of the Trust, and the contents of such notice shall be binding on the Trust. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(ii) of this paragraph 4, the Trust will provide Moody's (if Moodx'x xx Mxxxx'x is then rating the series in question) and S&P (if S&P is then rating the series in question) a copy of such notice.

Appears in 2 contracts

Samples: By Laws (Colonial Insured Municipal Fund), By Laws (Colonial California Insured Municipal Fund)

FAILURE TO DELIVER NOTICE OF SPECIAL RATE PERIOD. If the Trust Fund fails to deliver either of the notices described in subparagraphs (d)(i) or (d)(ii) of this paragraph Section 4 (and, in the case of the notice described in subparagraph (d)(i) of this paragraph Section 4, a Municipal Preferred MuniPreferred Basic Maintenance Report to the effect set forth in such subparagraph (if either Moody's ’s or S&P is then rating the series in question)) with respect to any designation of any proposed Special Rate Period to the Auction Agent by 11:00 A.M., New York City time, on the second Business Day next preceding the first day of such proposed Special Rate Period (or by such later time or date, or both, as may be agreed to by the Auction Agent), the Trust Fund shall be deemed to have delivered a notice to the Auction Agent with respect to such Special Rate Period to the effect set forth in subparagraph (d)(ii) of this paragraph Section 4. In the event the Trust Fund delivers to the Auction Agent a notice described in subparagraph (d)(i) of this paragraph Section 4, it shall file a copy of such notice with the Secretary of the TrustFund, and the contents of such notice shall be binding on the TrustFund. In the event the Trust Fund delivers to the Auction Agent a notice described in subparagraph (d)(ii) of this paragraph Section 4, the Trust Fund will provide Moody's ’s (if Moodx'x xx Xxxxx’x is then rating the series in question) and S&P (if S&P is then rating the series in question) a copy of such notice.

Appears in 1 contract

Samples: Statement Establishing and Fixing the Rights and Preferences of Municipal Auction Rate Cumulative Preferred Shares (Nuveen California Dividend Advantage Municipal Fund)

FAILURE TO DELIVER NOTICE OF SPECIAL RATE PERIOD. If the Trust fails to deliver either of the notices described in subparagraphs (d)(i) or (d)(ii) of this paragraph Section 4 (and, in the case of the notice described in subparagraph (d)(i) of this paragraph Section 4, a Municipal Preferred Shares Basic Maintenance Report to the effect set forth in such subparagraph (if either Moody's or S&P Fitch is then rating the series in question)) with respect to any designation of any proposed Special Rate Period to the Auction Agent by 11:00 A.M., New York City Eastern time, on the second Business Day next preceding the first day of such proposed Special Rate Period (or by such later time or date, or both, as may be agreed to determined by the Trust with appropriate consultation with the Auction AgentAgent and Broker-Dealers), the Trust shall be deemed to have delivered a notice to the Auction Agent with respect to such Special Rate Period to the effect set forth in subparagraph (d)(ii) of this paragraph Section 4. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(i) of this paragraph Section 4, it shall file a copy of such notice with the Secretary of the Trust, and the contents of such notice shall be binding on the Trust. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(ii) of this paragraph Section 4, the Trust will provide Moody's (if Moodx'x xx Moody's is then rating the series in question) and S&P Fitch (if S&P is then Fitch xx xxxx rating the series in question) a copy of such notice.

Appears in 1 contract

Samples: Bylaws (RMR Real Estate Fund)

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FAILURE TO DELIVER NOTICE OF SPECIAL RATE PERIOD. If the Trust fails to deliver either of the notices described in subparagraphs (d)(iparagraphs 4(d)(i) or (d)(ii4(d)(ii) of this paragraph 4 Part I (and, in the case of the notice described in subparagraph (d)(iparagraph 4(d)(i) of this paragraph 4Part I, a Municipal Preferred Shares Basic Maintenance Report to the effect set forth in such subparagraph paragraph (if either Moody's or S&P Fitch is then rating the series in question)) with respect to any designation of any proposed Special Rate Period to the Auction Agent by 11:00 A.M., New York City time, on the second Business Day next preceding the first day of such proposed Special Rate Period (or by such later time or date, or both, as may be agreed to by the Auction Agent), the Trust shall be deemed to have delivered a notice to the Auction Agent with respect to such Special Rate Period to the effect set forth in subparagraph (d)(iiparagraph 4(d)(ii) of this paragraph 4. Part I. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(iparagraph 4(d)(i) of this paragraph 4Part I, it shall file a copy of such notice with the Secretary Clerk of the Trust, and the contents of such notice shall be binding on the Trust. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(iiparagraph 4(d)(ii) of this paragraph 4Part I, the Trust will provide Moody's (if Moodx'x xx Xxxxx'x is then rating the series in question) and S&P Fitch (if S&P Fitch is then rating the series in question) a copy of such notice.

Appears in 1 contract

Samples: Bylaws Amendment (Putnam Municipal Opportunities Trust)

FAILURE TO DELIVER NOTICE OF SPECIAL RATE PERIOD. If the Trust fails to deliver either of the notices described in subparagraphs (d)(i) or (d)(ii) of this paragraph Section 4 (and, in the case of the notice described in subparagraph (d)(i) of this paragraph Section 4, a Municipal Preferred Shares Basic Maintenance Report to the effect set forth in such subparagraph (if either Moody's or S&P Fitch is then rating the series Series in question)) with respect to any designation of any proposed Special Rate Period to the Auction Agent by 11:00 A.M., New York City Eastern time, on the second Business Day next preceding the first day of such proposed Special Rate Period (or by such later time or date, or both, as may be agreed to determined by the Trust with appropriate consultation with the Auction AgentAgent and Broker-Dealers), the Trust shall be deemed to have delivered a notice to the Auction Agent with respect to such Special Rate Period to the effect set forth in subparagraph (d)(ii) of this paragraph Section 4. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(i) of this paragraph Section 4, it shall file a copy of such notice with the Secretary of the Trust, and the contents of such notice shall be binding on the Trust. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(ii) of this paragraph Section 4, the Trust will provide Moody's (if Moodx'x xx Xxxxx'x is then rating the series Series in question) and S&P Fitch (if S&P Fitch is then rating the series Series in question) a copy of such notice.

Appears in 1 contract

Samples: Bylaws (RMR Real Estate Income Fund)

FAILURE TO DELIVER NOTICE OF SPECIAL RATE PERIOD. If the Trust fails to deliver either of the notices described in subparagraphs (d)(i) or (d)(ii) of this paragraph Section 4 (and, in the case of the notice described in subparagraph (d)(i) of this paragraph Section 4, a Municipal Preferred Shares Basic Maintenance Report to the effect set forth in such subparagraph (if either Moody's or S&P Fitch is then rating the series in question)) with respect to any designation of any proposed Special Rate Period to the Auction Agent by 11:00 A.M., New York City Eastern time, on the second Business Day next preceding the first day of such proposed Special Rate Period (or by such later time or date, or both, as may be agreed to determined by the Trust with appropriate consultation with the Auction AgentAgent and Broker-Dealers), the Trust shall be deemed to have delivered a notice to the Auction Agent with respect to such Special Rate Period to the effect set forth in subparagraph (d)(ii) of this paragraph Section 4. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(i) of this paragraph Section 4, it shall file a copy of such notice with the Secretary of the Trust, and the contents of such notice shall be binding on the Trust. In the event the Trust delivers to the Auction Agent a notice described in subparagraph (d)(ii) of this paragraph Section 4, the Trust will provide Moody's (if Moodx'x xx Moody's is then rating the raxxxx xxe series in question) and S&P Fitch (if S&P Fitch is then rating the series in question) a copy of such notice.

Appears in 1 contract

Samples: Bylaws (RMR Preferred Dividend Fund)

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