Common use of Information Concerning Rates Clause in Contracts

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred after the date of the Request and Acceptance Letter, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferred, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 7 contracts

Samples: Auction Agency Agreement (Nuveen California Select Quality Income Municipal Fund Inc), Auction Agency Agreement (Nuveen California Municipal Market Opportunity Fund Inc), Auction Agency Agreement (Nuveen Florida Investment Quality Municipal Fund Inc)

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Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred after the date of the Request and Acceptance Letter, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferred, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then then-ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-then- ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 4 contracts

Samples: Auction Agency Agreement (Nuveen Premium Income Municipal Fund 4 Inc), Auction Agency Agreement (Nuveen Premier Insured Municipal Income Fund Inc), Auction Agency Agreement (Nuveen Premium Income Municipal Fund Inc)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Municipal Preferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Municipal Preferred after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon Noon, New York City time, on the Business Day prior to the next Auction Date for any series of MuniPreferred Municipal Preferred succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Municipal Preferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Municipal Preferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Municipal Preferred of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Municipal Preferred shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Municipal Preferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredMunicipal Preferred, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Municipal Preferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of Section 12.1 of the StatementBylaws, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of:: 7 7 (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of Section 12.1 of the StatementBylaws, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(sBill Xxxe(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredMunicipal Preferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of Section 12.1 of the StatementBylaws, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later 8 8 than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx RateBill Xxxe, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement Bylaws if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Bill Xxxe is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 3 contracts

Samples: Auction Agency Agreement (Colonial Municipal Income Trust), Auction Agency Agreement (Colonial High Income Municipal Trust), Auction Agency Agreement (Colonial Investment Grade Municipal Trust)

Information Concerning Rates. (a1) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i1) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A1) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B2) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii2) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii3) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv4) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (5) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 2 contracts

Samples: Auction Agency Agreement (Blackrock New Jersey Municipal Bond Trust), Auction Agency Agreement (Blackrock New York Municipal Bond Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred muniPreferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred muniPreferred after the date of the Request and Acceptance Letter, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferred, the Auction Agent shall determine the Maximum maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-then- ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 2 contracts

Samples: Auction Agency Agreement (Nuveen New York Select Quality Municipal Fund Inc), Auction Agency Agreement (Nuveen New York Performance Plus Municipal Fund Inc)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in that rate as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-then- ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 2 contracts

Samples: Auction Agency Agreement (Blackrock California Insured Municipal Income Trust), Auction Agency Agreement (Blackrock New York Insured Municipal Income Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Municipal Preferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Municipal Preferred after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon Noon, New York City time, on the Business Day prior to the next Auction Date for any series of MuniPreferred Municipal Preferred succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Municipal Preferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Municipal Preferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Municipal Preferred of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Municipal Preferred shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Municipal Preferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredMunicipal Preferred, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Municipal Preferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of Section 12.1 of the StatementBylaws, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of:: 9 7 (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of Section 12.1 of the StatementBylaws, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Bill Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Bill Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement Bylaws if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Bill Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 2 contracts

Samples: Auction Agency Agreement (Colonial New York Insured Municipal Fund), Auction Agency Agreement (Colonial Insured Municipal Fund)

Information Concerning Rates. (a1) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i1) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A1) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B2) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such 10 then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. (1) Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii2) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii3) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv4) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (5) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Trust shall promptly advise the Auction Agent of any such selection.

Appears in 2 contracts

Samples: Auction Agency Agreement (Blackrock Maryland Municipal Bond Trust), Auction Agency Agreement (Blackrock Florida Municipal Bond Trust)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred the APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred the APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for such series APS to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred the APS on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred the APS shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredthe APS, the Auction Agent shall determine the Maximum Rate for such seriesAPS. The Maximum Rate for any series of MuniPreferred the APS on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for the next Rate Period of such series APS and (2) the Rate Multiple Applicable Percentage on such Auction Date, unless such series has APS have or have had a Special Rate Dividend Period (other than a Special Rate Dividend Period of 28 Rate Period Days or fewerless) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Dividend Period of such series APS after such Special Rate Dividend Period, in which case the higher of: (1) the dividend rate on shares of such series APS for the then- then-ending Rate Period; , and (2) the product of (x) the higher of (I) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such seriesthe APS, if such then ending Rate Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a such Rate Period equal in length to the then-ending Rate Period of such seriesPeriod, if such then ending Rate Period was more than 364 Rate Period Daysis one year or greater, and (II) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period of such seriesthe APS, if such Special Rate Dividend Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period, if such Special Rate Dividend Period was more than 364 Rate Period Days is one year or greater, and (y) the Rate Multiple Applicable Percentage on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the highest of (x) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such seriesthe APS, if such then-ending Rate Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Daysis one year or greater, (y) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for such Special Dividend Period of the Special Rate Period APS for which the Auction is being held held, if such Special Rate Dividend Period is 364 Rate Period Days or fewer less than one year, or the Treasury Note Rate on such Auction Date for such Special Dividend Period of the Special Rate Period APS for which the Auction is being held held, if such Special Rate Dividend Period is more than 364 Rate Period Daysone year or greater, and (z) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for Minimum Rate Dividend Periods and (2) the Rate Multiple Applicable Percentage on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 2 contracts

Samples: Auction Agency Agreement (Van Kampen Trust for Investment Grade Florida Municipals), Auction Agency Agreement (Van Kampen Trust for Investment Grade New Jersey Municipals)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in determined by the Request Trust and Acceptance Letterthe Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred AMPS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred AMPS after the date of the Request and Acceptance Lettereven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred AMPS succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred AMPS to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred AMPS on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred AMPS of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred AMPS shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred AMPS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredAMPS, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred AMPS on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(sXxxx(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredAMPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Bill Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Bill Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S.

Appears in 2 contracts

Samples: Auction Agency Agreement (Blackrock California Municipal 2018 Term Trust), Auction Agency Agreement (Blackrock New York Municipal 2018 Term Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred after the date of the Request and Acceptance Letter, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferred, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Bill Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Bill Rate, as the case may be, is not quoted on an interest or bond equivalenteqxxxxlent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Bill Rate is to be based on rates supplied by U.S. Government Securitixx Xealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 2 contracts

Samples: Auction Agency Agreement (Nuveen Georgia Dividend Advantage Municipal Fund 2), Auction Agency Agreement (Nuveen Insured Massachuset Tax Free Advantage Municipal Fund)

Information Concerning Rates. (a1) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i1) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A1) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B2) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. (1) Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii2) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii3) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv4) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (5) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 2 contracts

Samples: Auction Agency Agreement (Blackrock Virginia Municipal Bond Trust), Auction Agency Agreement (Blackrock Municipal Bond Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) ), referred to in the definition of "Rate MultipleMaximum Rate," resulting that results in any change in the Rate Multiple for MuniPreferred after the date applicable percentage of the Request and Acceptance Letter"AA" Financial Composite Commercial Paper Rate used to determine the Maximum Rate for Preferred Shares (the "Rate Multiple"), the Fund Corporation shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. On the date hereof the Rate Multiple is 150%. If the Fund Corporation designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its a notice in the form of Exhibit I H hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereofDate, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Corporation (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Corporation shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Corporation notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i) . On each Auction Date for any series of MuniPreferredDate, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Corporation and the Broker-Dealers of the Maximum Rate so determined and the "AA" Financial Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) Rate and Treasury Xxxx Rate(s)Index Rate, as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 2 contracts

Samples: Auction Agency Agreement (Gabelli Global Multimedia Trust Inc), Auction Agency Agreement (Gabelli Convertible & Income Securities Fund Inc)

Information Concerning Rates. (a) The Rate Multiple on the date of the this Agreement for Preferred Shares is set forth in the Request and Acceptance Letter%. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies (or any substitute or successor rating agenciesagency) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon 9:00 A.M. on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction --------- Agent pursuant to Section 2.6 hereof, hereof the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such seriesRate. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the StatementArticles Supplementary, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series Preferred Shares and (2) the Rate Multiple on such Auction Date, unless such series the Preferred Shares has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series Preferred Shares after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series Preferred Shares for the then- then-ending Rate Period; , and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such seriesPreferred Shares, if such then ending Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a such Rate Period equal in length to the then-ending Rate Period of such seriesPeriod, if such then ending Rate Period was consists of four or more than 364 Rate Period DaysDividend Periods, and (II) the Reference [Reference] Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such seriesPreferred Shares, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the StatementArticles Supplementary, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such seriesPreferred Shares, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is was 364 Rate Period Days days or fewer fewer, or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is was more than 364 Rate Period Days, and (z) the Reference [Reference] Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and determined, the "AA" Financial Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), the Treasury Note Rate(s) and the Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7)late charge, if applicable, is paid, in accordance with subparagraph (e)(ie(i)(B) of Section 2 of Part I of the StatementArticles Supplementary, on the first day of each Rate Period of such series Preferred Shares the Auction Agent shall determine the Treasury Note Rate for such Rate Period if such Rate Period consists of more than 364 Rate Period Days and the Reference [Reference] Rate for such Rate Periods Period if such Rate Period consists of 364 Rate Period Days days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Financial Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement Articles Supplementary if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Financial Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Financial Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 1 contract

Samples: Auction Agency Agreement (Smith Barney Intermediate Municipal Fund Inc)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred the APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred the APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for such series APS to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred the APS on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred the APS shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredthe APS, the Auction Agent shall determine the Maximum Rate for such seriesAPS. The Maximum Rate for any series of MuniPreferred the APS on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for the next Rate Period of such series APS and (2) the Rate Multiple Applicable Percentage on such Auction Date, unless such series has APS have or have had a Special Rate Dividend Period (other than a Special Rate Dividend Period of 28 Rate Period Days or fewerless) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Dividend Period of such series APS after such Special Rate Dividend Period, in which case the higher of: (1) the dividend rate on shares of such series APS for the then- then-ending Rate Period; , and (2) the product of (x) the higher of (I) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such seriesthe APS, if such then ending Rate Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days one year or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Daysgreater, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer orand

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Trust for Investment Grade New York Municipals)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred the APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred the APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for the APS such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred the APS on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred the APS shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred the APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes. (i) On on each Auction Date for any series of MuniPreferredthe APS, the Auction Agent shall determine the Maximum Rate for such seriesAPS. The Maximum Rate for any series of MuniPreferred the APS on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period of more than 28 days designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series the APS and (2) the Rate Multiple Applicable Percentage on such Auction Date, unless such series the APS has or had a Special Rate Dividend Period (other than a Special Rate Dividend Period of 28 Rate Period Days or fewerless) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Dividend Period of such series the APS after such Special Rate Dividend Period, in which case the higher of: (1) the dividend rate on shares of such series the APS for the then- then-ending Rate Period; , and (2) the product of (x) the higher of (I) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such seriesthe APS, if such then ending Rate Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a such Rate Period equal in length to the then-ending Rate Period of such seriesPeriod, if such then ending Rate Period was more than 364 Rate Period Days, is one year or greater and (II) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period of such seriesthe APS, if such Special Rate Dividend Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period, if such Special Rate Dividend Period was more than 364 Rate Period Days is one year or greater, and (y) the Rate Multiple Applicable Percentage on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period of more than 28 days designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such seriesthe APS, if such then-ending Rate Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Daysis one year or greater, (y) the Reference Rate on such Auction Date for such Special Dividend Period of the Special Rate Period APS for which the Auction is being held held, if such Special Rate Dividend Period is 364 Rate Period Days or fewer less than one year, or the Treasury Note Rate on such Auction Date for such Special Dividend Period of the Special Rate Period APS for which the Auction is being held held, if such Special Rate Dividend Period is more than 364 Rate Period Daysone year or greater, and (z) the Reference Rate on such Auction Date for Minimum Rate Dividend Periods and (2) the Rate Multiple Applicable Percentage on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) Reference Rate and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferredthe APS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7)late charge, if applicable, is paid, in accordance with subparagraph (e)(ic)(i) of Section 2 of Part I of the StatementAPS Provisions, on the first day of each Rate Period of such series the APS the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Period, if such Rate Period Days is one year or greater, and the Reference Rate for Minimum Dividend Periods and Rate Periods of 364 Rate Period Days or fewerthat are less than one year. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Reference Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement APS Provisions if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Rate is to be based on rates supplied by U.S. Government

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen California Value Municipal Income Trust)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred APS on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred APS shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes. (i) On on each Auction Date for any series of MuniPreferredAPS, the Auction Agent shall determine the Maximum Rate for such seriesAPS. The Maximum Rate for any series of MuniPreferred APS on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple Applicable Percentage on such Auction Date, unless such series has or had a Special Rate Dividend Period (other than a Special Rate Dividend Period of 28 Rate Period Days or fewerless) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Dividend Period of such series after such Special Rate Dividend Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; , and (2) the product of (x) the higher of (I) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a such Rate Period equal in length to the then-ending Rate Period of such seriesPeriod, if such then ending Rate Period was more than 364 Rate Period Days, is one year or greater and (II) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period of such series, if such Special Rate Dividend Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period, if such Special Rate Dividend Period was more than 364 Rate Period Days is one year or greater, and (y) the Rate Multiple Applicable Percentage on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the highest of (x) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Daysis one year or greater, (y) the Reference "AA" Composite Commerical Paper Rate on such Auction Date for the such Special Rate Dividend Period of such series for which the Auction is being held held, if such Special Rate Dividend Period is 364 Rate Period Days or fewer less than one year, or the Treasury Note Rate on such Auction Date for the such Special Rate Dividend Period of such series for which the Auction is being held held, if such Special Rate Dividend Period is more than 364 Rate Period Daysone year or greater, and (z) the Reference Rate "AA" Composite Commercial Paper on such Auction Date for Minimum Rate Dividend Periods and (2) the Rate Multiple Applicable Percentage on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferredAPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7)late charge, if applicable, is paid, in accordance with subparagraph (e)(ic)(i) of Section 2 of Part I of the StatementAPS Provisions, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Period, if such Rate Period Days is one year or greater, and the Reference "AA" Composite Commercial Paper Rate for Minimum Dividend Periods and Rate Periods of 364 Rate Period Days or fewerthat are less than one year. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference "AA" Composite Commercial Paper Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement APS Provisions if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Municipal Opportunity Trust)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage and the Applicable Spread on the date of the Agreement is set forth in are those rates as determined by the Request Fund and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred AMPS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" and "Applicable Spread" resulting in any change in the Rate Multiple Applicable Percentage or Applicable Spread for MuniPreferred AMPS after the date of the Request and Acceptance Lettergiven herewith, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage or Applicable Spread prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred AMPS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred AMPS on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage and Applicable Spread for MuniPreferred AMPS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in or spread determined by reference to the Request definition of Applicable Percentage and Acceptance LetterApplicable Spread, respectively), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredAMPS, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of accordance with Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note LIBOR Rate(s) and Treasury Xxxx Index Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferredAMPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Index Rate for such Rate Period of more than 364 Rate Period Days 365 days and the Reference LIBOR Rate for Rate Periods of 364 Rate Period Days 365 days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference LIBOR Rate and or Treasury Note Index Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note LIBOR Rate is to be determined by reference to Telerate Page 3750 or Treasury Xxxx Rateby rate quotations provided by LIBOR Dealer(s), as the case may be, and Telerate Page 3750 is unavailable or the LIBOR Dealer(s) fail to provide rate quotations, as the case may be (as described in the Statement), then the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute LIBOR Dealer(s) to provide such rate quotations(s) not being supplied. (iv) If any Treasury Index Rate is not quoted on an interest or bond equivalentequivalent basis, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (ivv) If any "AA" Composite Commercial Paper Treasury Index Rate is to be based on rates supplied by Commercial Paper U.S. Government Securities Dealers and one or more of the Commercial Paper U.S. Government Securities Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Treasury Rate, the Auction Agent shall immediately promptly notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers U.S. Government Securities Dealer(s) to provide the quotation or quotations quotation(s) not being supplied by any Commercial Paper Dealer orU.S. Government Securities Dealer(s). The Fund shall promptly advise the Auction Agent of any such selection.

Appears in 1 contract

Samples: Auction Agency Agreement (Dreman Claymore Dividend & Income Fund)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage and the Applicable Spread on the date of the Agreement is set forth in are those rates as determined by the Request Fund and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred AMPS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" and "Applicable Spread" resulting in any change in the Rate Multiple Applicable Percentage or Applicable Spread for MuniPreferred AMPS after the date of the Request and Acceptance Lettergiven herewith, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage or Applicable Spread prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred AMPS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Applicable Rate for any series of MuniPreferred AMPS on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage and Applicable Spread for MuniPreferred AMPS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in or spread determined by reference to the Request definition of Applicable Percentage and Acceptance LetterApplicable Spread, respectively), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredAMPS, the Auction Agent shall determine the Maximum Applicable Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to accordance with Section 4 of Part I 9 of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Applicable Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note LIBOR Rate(s) and Treasury Xxxx Index Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure failure to Deposit deposit by the Fund during any Rate Period of any series of MuniPreferredAMPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(ic) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Index Rate for such Rate Period of more than 364 Rate Period Days 365 days and the Reference LIBOR Rate for Rate Periods of 364 Rate Period Days 365 days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference LIBOR Rate and or Treasury Note Index Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note LIBOR Rate is to be determined by reference to Telerate Page 3750 or Treasury Xxxx Rateby rate quotations provided by LIBOR Dealer(s), as the case may be, and Telerate Page 3750 is unavailable or the LIBOR Dealer(s) fail to provide rate quotations, as the case may be (as described in the Statement), then the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute LIBOR Dealer(s) to provide such rate quotations(s) not being supplied. (iv) If any Treasury Index Rate is not quoted on an interest or bond equivalentequivalent basis, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (ivv) If any "AA" Composite Commercial Paper Treasury Index Rate is to be based on rates supplied by Commercial Paper U.S. Government Securities Dealers and one or more of the Commercial Paper U.S. Government Securities Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Treasury Rate, the Auction Agent shall immediately promptly notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers U.S. Government Securities Dealer(s) to provide the quotation or quotations quotation(s) not being supplied by any Commercial Paper Dealer orU.S. Government Securities Dealer(s). The Fund shall promptly advise the Auction Agent of any such selection.

Appears in 1 contract

Samples: Auction Agency Agreement (Ts&w / Claymore Tax-Advantaged Balanced Fund)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, ; it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for such series to Draft February 24, 1992 __:__ PM be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred APS on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred APS shall be, unless the Fund fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredAPS, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred APS on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple Applicable Percentage on such Auction Date, unless such series has or had a Special Rate special Dividend Period (other than a Special Rate Dividend Period of 28 Rate Period Days or fewerless) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Dividend Period of such series after such Special Rate Dividend Period, in which case the higher of: (1) the dividend rate Draft February 24, 1992 __:__ PM on shares of such series for the then- then-ending Rate Period; , and (2) the product of (x) the higher of (I) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a such Rate Period equal in length to the then-ending Rate Period of such seriesPeriod, if such then ending Rate Period was consists of four or more than 364 Rate Period Days, Dividend Periods and (II) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period of such series, if such Special Rate Dividend Period was 364 Rate Period Days or feweris less than four Dividend Periods, or the Treasury Note Rate Race on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period, if such Special Rate Dividend Period was consists of four or more than 364 Rate Period Days Dividend Periods, and (y) the Rate Multiple Applicable Percentage on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the highest of (x) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was consists of four or more than 364 Rate Period DaysDividend Periods, (y) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for the such Special Rate Dividend Period of such series for which the Auction is being held held, if such Special Rate Dividend Period is 364 Rate Period Days or fewer consists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for the such Special Rate Dividend Period of such series for which the Draft February 24, 1992 __:__ PM Auction is being held held, if such Special Rate Dividend Period is consists of four or more than 364 Rate Period DaysDividend Periods, and (z) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for Minimum Rate Dividend Periods and (2) the Rate Multiple Applicable Percentage on such Auction Date. Not later than 9:30 9:10 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferredAPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7)late charge, if applicable, is paid, in accordance with subparagraph (e)(ic)(i) of Section 2 of Part I of the StatementAPS Provisions, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of with four or more than 364 Rate Period Days Dividend Periods and the Reference "AA" Composite Commercial Paper Rate for Minimum Dividend Periods and Rate Periods of 364 Rate Period Days or fewerwith less than four Dividend Periods. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference "AA" Composite Commercial Paper Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement APS Provisions if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion.. Draft February 24, 1992 __:__ PM (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any commercial Paper Dealer or Commercial Paper Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute U.S. Government Securities Dealer oror Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Trust for Investment Grade Municipals)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Municipal Preferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Municipal Preferred after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon Noon, New York City time, on the Business Day prior to the next Auction Date for any series of MuniPreferred Municipal Preferred succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Municipal Preferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Municipal Preferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Municipal Preferred of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Municipal Preferred shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Municipal Preferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredMunicipal Preferred, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Municipal Preferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of Section 12.1 of the StatementBylaws, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of Section 12.1 of the StatementBylaws, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Bill Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredMunicipal Preferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of Section 12.1 of the StatementBylaws, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Bill Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement Bylaws if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Bill Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (c) The maximum marginal tax rate referred to in the definition of "Rate Multiple" in the Bylaws is referred to in this Agreement as the "Highest Marginal Rate." The Highest Marginal Rate on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the Highest Marginal Rate, the Trust shall notify the Auction Agent in writing of such change prior to 12:00 Noon, New York City time, on the Business Day prior to the next Auction Date for Municipal Preferred succeeding such change. In determining the Maximum Rate for any series of Municipal Preferred on any Auction Date, the Auction Agent shall be entitled to rely on the Highest Marginal Rate of which it has most recently received notice from the Trust (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter).

Appears in 1 contract

Samples: Auction Agency Agreement (Colonial California Insured Municipal Fund)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the Agreement is set forth in that rate as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred AMPS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred AMPS after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon noon on the Business Day prior to the next Auction Date for any series of MuniPreferred AMPS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred AMPS on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred AMPS of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Applicable Percentage), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredAMPS, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of accordance with Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredAMPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately promptly notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Trust shall promptly advise the Auction Agent of any such selection.

Appears in 1 contract

Samples: Auction Agency Agreement (Blackrock Preferred Opportunity Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the this Agreement for Preferred Shares is set forth in the Request and Acceptance Letter150%. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies Xxxxx'x (or any substitute or successor rating agenciesagency) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letterthis Agreement, the Fund Company shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon 9:00 A.M. on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such changechange '. If the Fund Company designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable an amount ineligible for Federal income tax purposesthe Dividends Received Deduction, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 2.7 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Company (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund Company shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Company notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a)2. 3 (a) , the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable amount ineligible for Federal income tax purposesthe Dividends Received Deduction. (i) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such seriesRate. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Company pursuant to Section 4 of Part I of the StatementArticles Supplementary, the product of (1) the Reference "AA" Financial Composite Commercial Paper Rate on such Auction Date for the next Rate Period of such series Preferred Shares and (2) the Rate Multiple on such Auction Date, unless such series the Preferred Shares has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series Preferred Shares after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series Preferred Shares for the then- then-ending Rate Period; , and (2) the product of (x) the higher of (I) the Reference "AA" Financial Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such seriesPreferred Shares, if such then ending Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a such Rate Period equal in length to the then-ending Rate Period of such seriesPeriod, if such then ending Rate Period was consists of four or more than 364 Rate Period DaysDividend Periods, and (II) the Reference "AA" Financial Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such seriesPreferred Shares, if such Special Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was consists of four or more than 364 Rate Period Days Dividend Periods and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund company pursuant to Section 4 of Part I of the StatementArticles the Supplementary, the product of (1) the highest of (x) the Reference "AA" Financial Composite Commercial Paper Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such seriesPreferred Shares, if such then-ending Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was consists of four or more than 364 Rate Period DaysDividend Periods, (y) the Reference "AA" Financial Composite commercial Paper Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer consists of less than four Dividend periods or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is consists of four or more than 364 Rate Period DaysDividend Periods, and (z) the Reference "AA" Financial Composite commercial Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund Company and the Broker-Dealers of the Maximum Rate so determined and the "AA" Financial Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(sRate (s) and Treasury Xxxx Rate(s)Rate (s) , as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 1 contract

Samples: Auction Agency Agreement (Zenix Income Fund Inc)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) ), referred to in the definition of "Rate MultipleMaximum Rate," resulting that results in any change in the applicable percentage of the "AA" Financial Composite Commercial Paper Rate Multiple used to determine the Maximum Rate for MuniPreferred Preferred Shares (the "Rate Multiple") after the date of the Request and Acceptance Letter, the Fund Corporation shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund Corporation designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Corporation (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Corporation shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Corporation notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredDate, the Auction Agent shall determine the Maximum Rate for such seriesRate. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period designated by the Fund Corporation pursuant to Section 4 of Part Article I of the StatementArticles Supplementary, the product of (1) the Reference Rate on such Auction Date for the next Rate Dividend Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has the Preferred Shares have or had a Special Rate Dividend Period (other than a Special Rate Dividend Period of 28 Rate Period Days calendar days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Standard Dividend Period of such series after such Special Rate Dividend Period, in which case the higher of: (1) the dividend rate on shares of such series Preferred Shares for the then- then-ending Rate Dividend Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Dividend Period equal in length to the then-ending Rate Period of such seriesDividend Period, if such then ending Rate Dividend Period was 364 Rate Period Days or fewerfewer than 184 calendar days, or the Treasury Note Index Rate on such Auction Date for a Rate Dividend Period equal in length to the then-ending Rate Period of such seriesDividend Period, if such then ending Rate Dividend Period was more than 364 Rate Period Days184 calendar days or more, and (II) the Reference Rate on such Auction Date for a Rate Dividend Period equal in length to such Special Rate Period of such seriesDividend Period, if such Special Rate Dividend Period was 364 Rate Period Days or fewerfewer than 184 calendar days, or the Treasury Note Index Rate on such Auction Date for a Rate Dividend Period equal in length to such Special Rate Dividend Period, if such Special Rate Dividend Period was 364 calendar days or more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period designated by the Fund Corporation pursuant to Section 4 of Part Article I of the StatementArticles Supplementary, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Dividend Period equal in length to the then-ending Rate Period of such seriesDividend Period, if such then-ending Rate Dividend Period was 364 Rate Period Days or fewerfewer than 184 calendar days, or the Treasury Note Index Rate on such Auction Date for a Rate Dividend Period equal in length to the then-ending Rate Dividend Period of such Rate Dividend Period, if such then-ending Rate Dividend Period was more than 364 Rate Period Days184 calendar days or more, (y) the Reference Rate on such Auction Date for the Special Rate Dividend Period for which the Auction is being held if such Special Rate Dividend Period is 364 Rate Period Days or fewer than 184 calendar days or the Treasury Note Index Rate on such Auction Date for the Special Rate Dividend Period for which the Auction is being held if such Special Rate Dividend Period is more than 364 Rate Period Days184 calendar days or more, and (z) the Reference Rate on such Auction Date for Minimum Rate Default Dividend Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Corporation and the Broker-Dealers of the Maximum Rate so determined and the "AA" Financial Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) Rate and Treasury Xxxx Rate(s)Index Rate, as the case may be, used to make such determination. (ii) From and after a Failure to Deposit Default by the Fund Corporation during any Rate Period of any series of MuniPreferredDividend Period, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(ic)(iii) of Section 2 of Part Article I of the StatementArticles Supplementary, on the first day of each Rate Dividend Period of such series the Auction Agent shall determine the Treasury Note Index Rate for such Rate Dividend Period of 184 calendar days or more than 364 Rate Period Days and the Reference Rate for Rate Dividend Periods of 364 Rate Period Days or fewermore than 184 calendar days. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Corporation of the applicable Reference Rate and Treasury Note Treasure Index Rate. (iii) If any "AA" Financial Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Treasure Index Rate, as the case may be, is not quoted on an interest or bond equivalentequivalent basis, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement Articles Supplementary if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Corporation as to the method of such conversion. (iv) If any "AA" Financial Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Financial Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Corporation so that the Fund Corporation can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Corporation shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Index Rate is to be based on rates supplied by at least three recognized dealers in U.S. Government Obligations selected by the Corporation (the "U.S. Government Securities Dealers") and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Corporation so that the Corporation can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 1 contract

Samples: Auction Agency Agreement (Gabelli Equity Trust Inc)

Information Concerning Rates. (a) The Rate Multiple on the date of the this Agreement for Preferred Shares is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies (or any substitute or successor rating agenciesagency) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon 9:00 A.M. on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the --------- Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any shares of a series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such seriesRate. The Maximum Rate for any shares of a series of MuniPreferred Preferred Shares on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the StatementArticles Supplementary, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of shares of such series of Preferred Shares and (2) the Rate Multiple on such Auction Date, unless shares of such series has of Preferred Shares have or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of shares of such series of Preferred Shares after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of shares of such seriesseries of Preferred Shares, if such then then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of shares of such series, if such then then-ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of shares of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the StatementArticles Supplementary, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of shares of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of shares of such Rate Periodseries, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and determined, the "AA" Financial Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), the Treasury Note Rate(s) and the Treasury Xxxx Bill Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7)late charge, if applicable, is paid, in accordance with subparagraph (e)(ie) (i) (B) of Section 2 of Part I of the StatementArticles Supplementary, on the first day of each Rate Period of such series Preferred Shares the Auction Agent shall determine the Treasury Note Rate for such Rate Period if such Rate Period consists of more than 364 Rate Period Days and the Reference Rate for such Rate Periods Period if such Rate Period consists of 364 Rate Period Days days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Financial Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Bill Rate, as the case may be, is not quoted on an interest or bond equivalent, as xx the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement Articles Supplementary if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Financial Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Financial Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Bill Rate is to be based on rates supplied by U.S. Government Securitixx Xealers and one or more U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 1 contract

Samples: Auction Agency Agreement (Managed Municipals Portfolio Inc)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage and Applicable Spread on the date of the Agreement is set forth in are those rates as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" Applicable Percentage or Applicable Spread resulting in any change in the Rate Multiple Applicable Percentage or Applicable Spread for MuniPreferred APS after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage or Applicable Spread prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred APS on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage and Applicable Spread for MuniPreferred APS of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Applicable Percentage or Applicable Spread), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredAPS, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of accordance with Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), LIBOR Rate or the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s)Rate, as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredAPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewerRate. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note LIBOR Rate or Treasury Xxxx Note Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper LIBOR Rate is to be based on rates supplied by Commercial Paper LIBOR Dealers and one or more of the Commercial Paper LIBOR Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper LIBOR Rate, the Auction Agent shall immediately promptly notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper LIBOR Dealer or Substitute Commercial Paper LIBOR Dealers to provide the quotation or quotations not being supplied by any Commercial Paper LIBOR Dealer oror LIBOR Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If the Treasury Note Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Trust shall promptly advise the Auction Agent of any such selection.

Appears in 1 contract

Samples: Auction Agency Agreement (Blackrock Global Floating Rate Income Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) ), referred to in the definition of "Rate MultipleMaximum Rate," resulting that results in any change in the Rate Multiple for MuniPreferred after the date applicable percentage of the Request Reference Rate or applicable spread over the Reference Rate, used to determine the Maximum Rate for Preferred Shares (the "Rate Multiple" and Acceptance Letter"Rate Spread," respectively), the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple or Rate Spread prior to 12:00 Noon noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. On the date hereof the Rate Multiple is 125%, and the Rate Spread is 125 basis points. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its a notice in the form of Exhibit I H hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series or Rate Spread to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereofDate, the Auction Agent shall be entitled to rely on the last Rate Multiple or Rate Spread for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple or Rate Spread), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple or Rate Spread to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple or Rate Spread in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple or Rate Spread for such succeeding Auction Date pursuant to this Section 2.3(a)2.6, the Rate Multiple or Rate Spread that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i) . On each Auction Date for any series of MuniPreferredDate, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) LIBOR Rate and Treasury Xxxx Rate(s)Index Rate, as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 1 contract

Samples: Auction Agency Agreement (Gabelli Utility Trust)

Information Concerning Rates. (a) The Applicable Rate Multiple on the date of the this Agreement for Preferred Shares Series M is set forth in the Request [___]%, for Preferred Shares Series T is [___]%, for Preferred Shares W is [___]%, and Acceptance Letterfor Preferred Shares Series TH is [___]%. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I J hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to conclusively rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A) in In the case of any Auction Date which is not the Auction Date date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the StatementArticles Supplementary, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in In the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the StatementArticles Supplementary, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Dividend Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge late charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the StatementArticles Supplementary, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalentequivalent basis, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement Articles Supplementary if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 1 contract

Samples: Auction Agency Agreement (Alliance National Municipal Income Fund)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the Agreement is set forth in that rate as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Applicable Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred the APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred the APS on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Applicable Percentage), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredDate, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of accordance with Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, Reference Rate used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPeriod, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Index Rate for such Rate Period of more than 364 Rate Period Days and the Reference LIBOR Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund the Trust of the applicable Reference Rate and Treasury Note Index Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note LIBOR Rate or Treasury Xxxx Index Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 1 contract

Samples: Auction Agency Agreement (Ing Clarion Global Real Estate Income Fund)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of this Agreement for the Agreement APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred the APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple for MuniPreferred Applicable Percentage after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred the APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series Applicable Percentage to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred the APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredDate, the Auction Agent shall determine the Maximum Rate for such seriesRate. The Maximum Rate for any series of MuniPreferred the APS on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for the next Rate Period of such series the APS and (2) the Rate Multiple Applicable Percentage on such Auction Date, unless such series has the APS have or have had a Special Rate Dividend Period (other than a Special Rate Dividend Period of 28 Rate Period Days or fewerless) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Dividend Period of such series the APS after such Special Rate Dividend Period, in which case the higher of: (1) the dividend rate on on-shares of such series for the then- then-ending Rate Period; , and (2) the product of (x) the higher of (I) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such seriesthe APS, if such then ending Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a such Rate Period equal in length to the then-ending Rate Period of such seriesPeriod, if such then ending Rate Period was consists of four or more than 364 Rate Period Days, Dividend Periods and (II) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period of such seriesthe APS, if such Special Rate Dividend Period was 364 Rate Period Days or feweris less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period, if such Special Rate Dividend Period was consists of four or more than 364 Rate Period Days Dividend Periods, and (y) the Rate Multiple Applicable Percentage on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the highest of (x) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such seriesthe APS, if such then-ending Rate Period was 364 Rate Period Days consists of four or fewermore Dividend Periods, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was consists of four or more than 364 Rate Period DaysDividend Periods, (y) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for such Special Dividend Period of the Special Rate Period for which the Auction is being held APS, if such Special Rate Dividend Period is 364 Rate Period Days or fewer consists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for such Special Dividend Period of the Special Rate Period for which the Auction is being held APS, if such Special Rate Dividend Period is more consists of less than 364 Rate Period Daysfour Dividend Periods, and (z) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for Minimum Rate Dividend Periods and (2) the Rate Multiple Applicable Percentage on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund and the Broker-Dealers BrokerDealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferredPeriod, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7)late charge, if applicable, is paid, in accordance with subparagraph (e)(ic)(i) of Section 2 of Part I of the StatementAPS Provisions, on the first day of each Rate Period of such series Period, the Auction Agent shall determine the Treasury Note Rate for such Rate Period of with four or more than 364 Rate Period Days Dividend Periods and the Reference "AA" Composite Commercial Paper Rate for Minimum Dividend Periods and Rate Periods of 364 Rate Period Days or fewerwith less than four Dividend Periods. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference "AA" Composite Commercial Paper Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement APS Provisions if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute U.S. Government

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Ohio Quality Municipal Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred after the date of the Request and Acceptance Letter, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes.the (i) On each Auction Date for any series of MuniPreferred, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 1 contract

Samples: Auction Agency Agreement (Nuveen Investment Quality Municipal Fund Inc)

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Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the Agreement is set forth in that rate as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" “Applicable Percentage” resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Applicable Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred the APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred the APS on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Applicable Percentage), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredDate, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of accordance with Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, Reference Rate used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPeriod, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Bxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately promptly notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Bxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Trust shall promptly advise the Auction Agent of any such selection.

Appears in 1 contract

Samples: Auction Agency Agreement (Ing Clarion Real Estate Income Fund)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage and Applicable Spread on the date of the Agreement is set forth in are those rates as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred AMPS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" applicable Percentage or Applicable Spread resulting in any change in the Rate Multiple Applicable Percentage or Applicable Spread for MuniPreferred AMPS after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage or Applicable Spread prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred AMPS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred AMPS on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage and Applicable Spread for MuniPreferred AMPS of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Applicable Percentage or Applicable Spread), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredAMPS, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of accordance with Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction auction Date of the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), LIBOR Rate or the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s)Rate, as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredAMPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewerRate. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note LIBOR Rate or Treasury Xxxx Note Rate, as the case may be, is not quoted on no an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper LIBOR Rate is to be based on rates supplied by Commercial Paper LIBOR Dealers and one or more of the Commercial Paper LIBOR Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper LIBOR Rate, the Auction Agent shall immediately promptly notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper LIBOR Dealer or Substitute Commercial Paper LIBOR Dealers to provide the quotation or quotations not being supplied by any Commercial Paper LIBOR Dealer oror LIBOR Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If the Treasury Note Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Trust shall promptly advise the Auction Agent of any such selection.

Appears in 1 contract

Samples: Auction Agency Agreement (BlackRock Preferred & Equity Advantage Trust)

Information Concerning Rates. (a1) The Rate Multiple on the date of the Agreement is set forth in that rate as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i1) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A1) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B2) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii2) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii3) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv4) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (5) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Trust shall promptly advise the Auction Agent of any such selection.

Appears in 1 contract

Samples: Auction Agency Agreement (Blackrock Insured Municipal Income Trust)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the Agreement is set forth in that rate as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" “Applicable Percentage” resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Applicable Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred the APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred the APS on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Applicable Percentage), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredDate, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of accordance with Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, Reference Rate used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPeriod, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Index Rate for such Rate Period of more than 364 Rate Period Days and the Reference LIBOR Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Index Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note LIBOR Rate or Treasury Xxxx Index Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 1 contract

Samples: Auction Agency Agreement (Ing Clarion Global Real Estate Income Fund)

Information Concerning Rates. (a1) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i1) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A1) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B2) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such 10 then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii2) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii3) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv4) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (5) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Trust shall promptly advise the Auction Agent of any such selection.

Appears in 1 contract

Samples: Auction Agency Agreement (Blackrock California Municipal Bond Trust)

Information Concerning Rates. (a1) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i1) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A1) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B2) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii2) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii3) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv4) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (5) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to

Appears in 1 contract

Samples: Auction Agency Agreement (Blackrock Florida Municipal Income Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in determined by the Request Trust and Acceptance Letterthe Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred AMPS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred AMPS after the date of the Request and Acceptance Lettereven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred AMPS succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred AMPS to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred AMPS on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred AMPS of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred AMPS shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred AMPS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredAMPS, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred AMPS on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-then- ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(sXxxx(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredAMPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Bill Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Bill Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S.

Appears in 1 contract

Samples: Auction Agency Agreement (Blackrock Municipal 2018 Term Trust)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter150%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred the APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred the APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred the APS on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred the APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (b) (i) On on each Auction Date for any series of MuniPreferredthe APS, the Auction Agent shall determine the Maximum Rate for such seriesAPS. The Maximum Rate for any series of MuniPreferred the APS on any Auction Date shall be: be the Product of (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product highest of (1) the Reference "AA" Composite Commercial Rate, (2) the Treasury Rate, (3) the Ten Year Constant Maturity Rate and (4) the Thirty Year Constant Maturity Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple Applicable Percentage on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Treasury Rate(s), Treasury Note Ten Year Constant Maturity Rate(s) and Treasury Xxxx Thirty Year Constant Maturity Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen High Income Trust Ii)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred the APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred the APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for the APS such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on the APS an any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred the APS shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred the APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredthe APS, the Auction Agent shall determine the Maximum Rate for such seriesAPS. The Maximum Rate for any series of MuniPreferred the APS on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period of more than 28 days designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series the APS and (2) the Rate Multiple Applicable Percentage on such Auction Date, unless such series the APS has or had a Special Rate Dividend Period (other than a Special Rate Dividend Period of 28 Rate Period Days or fewerless) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Dividend Period of such series the APS after such Special Rate Dividend Period, in which case the higher of: (1) the dividend rate on shares of such series the APS for the then- then-ending Rate Period; , and (2) the product of (x) the higher of (I) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such seriesthe APS, if such then ending Rate Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note 8 Rate on such Auction Date for a such Rate Period equal in length to the then-ending Rate Period of such seriesPeriod, if such then ending Rate Period was more than 364 Rate Period Days, is one year or greater and (II) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period of such seriesthe APS, if such Special Rate Dividend Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period, if such Special Rate Dividend Period was more than 364 Rate Period Days is one year or greater, and (y) the Rate Multiple Applicable Percentage on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period of more than 28 days designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the thenthe-ending Rate Period of such seriesthe APS, if such then-ending Rate Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Daysis one year or greater, (y) the Reference Rate on such Auction Date for such Special Dividend Period of the Special Rate Period APS for which the Auction is being held held, if such Special Rate Dividend Period is 364 Rate Period Days or fewer less than one year, or the Treasury Note Rate on such Auction Date for such Special Dividend Period of the Special Rate Period APS for which the Auction is being held held, if such Special Rate Dividend Period is more than 364 Rate Period Daysone year or greater, and (z) the Reference Rate on such Auction Date for Minimum Rate Dividend Periods and (2) the Rate Multiple Applicable Percentage on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) Reference Rate and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferredthe APS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7)late charge, if applicable, is paid, in accordance with subparagraph (e)(ic)(i) of Section 2 of Part I of the StatementAPS Provisions, on the first day of each Rate Period of such series the APS the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Period, if such Rate Period Days is one year or greater, and the Reference Rate for Minimum Dividend Periods and Rate Periods of 364 Rate Period Days or fewerthat are less than one year. Not later than 9:30 A.M. on an each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Reference Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement APS Provisions if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or Commercial Paper Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (b) The greater of the maximum marginal regular federal individual income tax rate applicable to ordinary income or the maximum marginal regular federal corporate income tax rate (the "Highest Marginal Rate") on the date of this Agreement is 34%. If there is any change in the Highest Marginal Rate, the Fund shall notify the Auction Agent in writing of such change prior to 12:00 Noon on the Business Day prior to the next Auction Date for APS succeeding such change. In determining the Maximum Rate for the APS on any Auction Date, the Auction Agent shall be entitled to rely on the Highest Marginal Rate of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the first sentence of this paragraph (c)).

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Pennsylvania Value Municipal Income Trust)

Information Concerning Rates. (ai) The Rate Multiple on the date of the this Agreement for AMPS is set forth in the Request and Acceptance Letter150%. If there is any change in the credit rating of MuniPreferred AMPS, currently rated "AA" by either of the rating agencies S&P and "aa1" by Moody's (or any substitute or successor rating agenciesagency) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred AMPS after the date of the Request and Acceptance Letterthis Agreement, the Fund Company shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon 9:00 A.M. on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred AMPS on any Auction Date as set forth in Section 2.3(b)(i2(c)(ii)(1) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred of AMPS of which it is has most recently received notice from the Fund Company (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (i)), except that if the Fund Company shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies Company notified the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2(c)(i), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred AMPS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable amount ineligible for Federal income tax purposesthe Dividends Received Deduction. (i1) On each Auction Date for any series of MuniPreferredAMPS, the Auction Agent shall determine the Maximum Rate for such seriesRate. The Maximum Rate for any series of MuniPreferred AMPS on any Auction Date shall be: (Aa) in In the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Company pursuant to Section 4 of the Part I of the StatementArticles Supplementary, the product of (1a) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for the next Rate Period of such series AMPS and (2b) the Rate Multiple (equal to 150% as long as the AMPS have a minimum rating of AA-/aa3) on such Auction Date, unless such series the AMPS has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series AMPS after such Special Rate Period, in which case the higher of: (1) the . The dividend rate on shares of such series AMPS for the then- then-ending Rate Period; , and (2) the . The product of (x) the higher of (Ii) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such seriesAMPS, if such then ending Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a such Rate Period equal in length to the then-ending Rate Period of such seriesPeriod, if such then ending Rate Period was consists of more than 364 Rate Period Daysfour Dividend Periods, and (IIii) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such seriesAMPS, if such Special Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was consists of four or more than 364 Rate Period Days Dividend Periods and (y) the Rate Multiple on such Auction Date; or (Bb) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Company pursuant to Section 4 of Part I of the StatementArticles Supplementary, the product of (1a) the highest of (x) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such seriesAMPS, if such then-ending Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was consists of four or more than 364 Rate Period DaysDividend Periods, (y) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer consists of less than four Dividend Periods or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is consists of four or more than 364 Rate Period DaysDividend Periods, and (z) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for Minimum Rate Periods and (2b) the Rate Multiple on such Auction Date. 1. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund Company and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) 2. From and after a Failure to Deposit by the Fund Company during any Rate Period of any series of MuniPreferredAMPS, until such failure is cured and a Late Charge (as defined in paragraph (aSection 2(f)(i)(2)) of Section 2.7), is paid, in accordance with subparagraph (e)(iSection 2(c)(i) of Section 2 of Part I of the StatementArticles Supplementary, on the first day of each Rate Period of such series AMPS the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 if such Rate Period Days consists of four or more Dividend Periods and the Reference "AA" Composite Commercial Paper Rate for Rate Periods of 364 such Rate Period Days or fewerif such Rate Period consists of less than four Dividend Periods. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Company of the applicable Reference "AA" Composite Commercial Paper Rate and Treasury Note Rate. (iii) 3. If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement Articles Supplementary if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Company as to the method of such conversion. (iv) 4. If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Company so that the Fund Company can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Company shall promptly advise the Auction Agent of any such selection. 5. If any Treasury Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Company so that the Company can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Company shall promptly adviser the Auction Agent of any such selection.

Appears in 1 contract

Samples: Auction Agency Agreement (Boulder Total Return Fund Inc)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in that rate as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i2.3(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-then- ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Trust shall promptly advise the Auction Agent of any such selection.

Appears in 1 contract

Samples: Auction Agency Agreement (Blackrock Florida Insured Municipal Income Trust)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the Agreement is set forth in that rate as determined by the Request Trust and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Lettergiven herewith, the Fund Trust shall notify the Auction Agent in writing of such change in the Applicable Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred APS on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Applicable Percentage), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredAPS, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of accordance with Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, Reference Rate used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredAPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer orthe

Appears in 1 contract

Samples: Auction Agency Agreement (Ing Clarion Real Estate Income Fund)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) ), referred to in the definition of "Rate MultipleMaximum Rate," resulting that results in any change in the Rate Multiple for MuniPreferred after the date applicable percentage of the Request and Acceptance Letter"AA" Financial Composite Commercial Paper Rate used to determine the Maximum Rate for Preferred Shares (the "Rate Multiple"), the Fund Corporation shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. On the date hereof the Rate Multiple is 150%. If the Fund Corporation designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its a notice in the form of Exhibit I H hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereofDate, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Corporation (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Corporation shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Corporation notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.6(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i) . On each Auction Date for any series of MuniPreferredDate, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Corporation and the Broker-Dealers of the Maximum Rate so determined and the "AA" Financial Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) Rate and Treasury Xxxx Rate(s)Index Rate, as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 1 contract

Samples: Auction Agency Agreement (Gabelli Equity Trust Inc)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage and the Applicable Spread on the date of the Agreement is set forth in are those rates as determined by the Request Fund and Acceptance Letterprovided to the Auction Agent on the date even herewith. If there is any change in the credit rating of MuniPreferred AMPS by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" and "Applicable Spread" resulting in any change in the Rate Multiple Applicable Percentage or Applicable Spread for MuniPreferred AMPS after the date of the Request and Acceptance Lettergiven herewith, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage or Applicable Spread prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred AMPS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred AMPS on any Auction Date as set forth in Section 2.3(b)(i2.6(a)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage and Applicable Spread for MuniPreferred AMPS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in or spread determined by reference to the Request definition of Applicable Percentage and Acceptance LetterApplicable Spread), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposesrespectively. (i) On each Auction Date for any series of MuniPreferredAMPS, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of accordance with Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note LIBOR Rate(s) and Treasury Xxxx Index Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferredAMPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Index Rate for such Rate Period of more than 364 365 Rate Period Days and the Reference LIBOR Rate for Rate Periods of 364 365 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference LIBOR Rate and or Treasury Note Index Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note LIBOR Rate is to be determined by reference to Telerate Page 3750 or Treasury Xxxx Rateby rate quotations provided by LIBOR Dealer(s), as the case may be, and Telerate Page 3750 is unavailable or the LIBOR Dealer(s) fail to provide rate quotations, as the case may be (as described in the Statement), then the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute LIBOR Dealer(s) to provide such rate quotations(s) not being supplied. (iv) If any Treasury Index Rate is not quoted on an interest or bond equivalentequivalent basis, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (ivv) If any "AA" Composite Commercial Paper Treasury Index Rate is to be based on rates supplied by Commercial Paper U.S. Government Securities Dealers and one or more of the Commercial Paper U.S. Government Securities Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Treasury Rate, the Auction Agent shall immediately promptly notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers U.S. Government Securities Dealer(s) to provide the quotation or quotations quotation(s) not being supplied by any Commercial Paper Dealer orU.S. Government Securities Dealer(s). The Fund shall promptly advise the Auction Agent of any such selection.

Appears in 1 contract

Samples: Auction Agency Agreement (Advent Claymore Convertible Securities & Income Fund)

Information Concerning Rates. (a) The Rate Multiple on the date of the this Agreement for Preferred Shares is set forth in the Request and Acceptance Letter150%. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies Xxxxx'x (or any substitute or successor rating agenciesagency) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letterthis Agreement, the Fund Company shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon 9:00 A.M. on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund Company designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable an amount ineligible for Federal income tax purposesthe Dividends Received Deduction, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 2.7 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Company (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund Company shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Company notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a2.3 (a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable amount ineligible for Federal income tax purposesthe Dividends Received Deduction. (i) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such seriesRate. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Company pursuant to Section 4 of Part I of the StatementArticles Supplementary, the product of (1) the Reference "AA" Financial Composite Commercial Paper Rate on such Auction Date for the next Rate Period of such series Preferred Shares and (2) the Rate Multiple on such Auction Date, unless such series the Preferred Shares has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series Preferred Shares after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series Preferred Shares for the then- then-ending Rate Period; , and (2) the product of (x) the higher of (I) the Reference "AA" Financial Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such seriesPreferred Shares, if such then ending Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a such Rate Period equal in length to the then-ending Rate Period of such seriesPeriod, if such then ending Rate Period was consists of four or more than 364 Rate Period DaysDividend Periods, and (II) the Reference "AA" Financial Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such seriesPreferred Shares, if such Special Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was consists of four or more than 364 Rate Period Days Dividend Periods and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund company pursuant to Section 4 of Part I of the StatementArticles the Supplementary, the product of (1) the highest of (x) the Reference "AA" Financial Composite Commercial Paper Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such seriesPreferred Shares, if such then-ending Rate Period was 364 Rate Period Days or fewerconsists of less than four Dividend Periods, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was consists of four or more than 364 Rate Period DaysDividend Periods, (y) the Reference "AA" Financial Composite commercial Paper Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer consists of less than four Dividend periods or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is consists of four or more than 364 Rate Period DaysDividend Periods, and (z) the Reference "AA" Financial Composite commercial Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund Company and the Broker-Dealers of the Maximum Rate so determined and the "AA" Financial Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(sRate (s) and Treasury Xxxx Rate(s)Rate (s) , as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 1 contract

Samples: Auction Agency Agreement (Zenix Income Fund Inc)

Information Concerning Rates. (a) The Rate Multiple Applicable Percentage on the date of the this Agreement for APS is set forth in the Request and Acceptance Letter110%. If there is any change in the credit rating of MuniPreferred APS by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate MultipleApplicable Percentage" resulting in any change in the Rate Multiple Applicable Percentage for MuniPreferred APS after the date of the Request and Acceptance Letterthis Agreement, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple Applicable Percentage prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred APS succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred APS to consist of net capital gains or other income taxable for Federal federal income tax purposes, it will indicate, in its notice in the form of Exhibit I K hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple Applicable Percentage for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred APS on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple Applicable Percentage for MuniPreferred APS of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letterfirst sentence of this paragraph (a)), except that if the Fund shall have notified the Auction Agent of a Rate Multiple an Applicable Percentage to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple Applicable Percentage in effect for the next succeeding Auction Date of any series of MuniPreferred APS shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple Applicable Percentage for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple Applicable Percentage that was in effect on the first preceding Auction Date for MuniPreferred APS with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredAPS, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred APS on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Dividend Period of more than 28 days designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple Applicable Percentage on such Auction Date, unless such series has or had a Special Rate Dividend Period (other than a Special Rate Dividend Period of 28 Rate Period Days or fewerless) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Dividend Period of such series after such Special Rate Dividend Period, in which case the higher of: (1) the dividend rate on shares of such series of APS for the then- then-ending Rate Period; , and (2) the product of (x) the higher of (I) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a such Rate Period equal in length to the then-ending Rate Period of such seriesPeriod, if such then ending Rate Period was more than 364 Rate Period Days, is one year or greater and (II) the Reference "AA" Composite Commercial Paper Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period of such series, if such Special Rate Dividend Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Dividend Period, if such Special Rate Dividend Period was more than 364 Rate Period Days is one year or greater, and (y) the Rate Multiple Applicable Percentage on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate special Dividend Period of more than 28 days designated by the Fund pursuant to Section 4 of Part I of the StatementAPS Provisions, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or feweris less than one year, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Daysis one year or greater, (y) the Reference Rate on such Auction Date for the such Special Rate Dividend Period of such series for which the Auction is being held held, if such Special Rate Dividend Period is 364 Rate Period Days or fewer less than one year, or the Treasury Note Rate on such Auction Date for the such Special Rate Dividend Period of such series for which the Auction is being held held, if such Special Rate special Dividend Period is more than 364 Rate Period Daysone year or greater, and (z) the Reference Rate on an such Auction Date for Minimum Rate Dividend Periods and (2) the Rate Multiple Applicable Percentage on such Auction Date. Not later than 9:30 A.M. on each Auction Date Date, the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) Reference Rate and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferredAPS, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7)late charge, if applicable, is paid, in accordance with subparagraph (e)(ic)(i) of Section 2 of Part I of the StatementAPS Provisions, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Period, if such Rate Period Days is one year or greater, and the Reference Rate for Minimum Dividend Periods and Rate Periods of 364 Rate Period Days or fewerthat are less than one year. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Reference Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement APS Provisions if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or Commercial Paper Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S. Government Securities Dealers. The Fund shall promptly advise the Auction Agent of any such selection. (c) The greater of the maximum marginal regular federal individual income tax rate applicable to ordinary income or the maximum marginal regular federal corporate income tax rate (the "Highest Marginal Rate") on the date of this Agreement is 34%. If there is any change in the Highest Marginal Rate, the Fund shall notify the Auction Agent in writing of such change prior to 12:00 Noon on the Business Day prior to the next Auction Date for APS succeeding such change. In determining the Maximum Rate for any series of APS on any Auction Date, the Auction Agent shall be entitled to rely on the Highest Marginal Rate of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the first sentence of this paragraph (c)).

Appears in 1 contract

Samples: Auction Agency Agreement (Van Kampen Advantage Municipal Income Trust Ii)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred after the date of the Request and Acceptance Letter, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferred, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-then- ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 1 contract

Samples: Auction Agency Agreement (Nuveen California Quality Income Municipal Fund Inc)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred Preferred Shares after the date of the Request and Acceptance Letter, the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred Preferred Shares succeeding such change. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will may indicate, in its a notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred Preferred Shares shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferredPreferred Shares, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred Preferred Shares on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund Trust pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund Trust during any Rate Period of any series of MuniPreferredPreferred Shares, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund Trust of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund Trust as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund Trust so that the Fund Trust can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer oror Commercial Paper Dealers. The Trust shall promptly advise the Auction Agent of any such selection. (v) If any Treasury Note Rate or Treasury Xxxx Rate is to be based on rates supplied by U.S. Government Securities Dealers and one or more of the U.S. Government Securities Dealers shall not provide a quotation for the determination of such Treasury Rate, the Auction Agent shall immediately notify the Trust so that the Trust can determine whether to select a Substitute U.S. Government Securities Dealer or Substitute U.S. Government Securities Dealers to provide the quotation or quotations not being supplied by any U.S. Government Securities Dealer or U.S.

Appears in 1 contract

Samples: Auction Agency Agreement (Blackrock Pennsylvania Strategic Municipal Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred Preferred Shares by either of the rating agencies agency (or substitute or successor rating agencies) ), referred to in the definition of "Rate MultipleMaximum Rate," resulting that results in any change in the Rate Multiple for MuniPreferred after the date applicable percentage of the Request Reference Rate or applicable spread over the Reference Rate, used to determine the Maximum Rate for Preferred Shares (the "Rate Multiple" and Acceptance Letter"Rate Spread," respectively), the Fund Trust shall notify the Auction Agent in writing of such change in the Rate Multiple or Rate Spread prior to 12:00 Noon noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. On the date hereof the Rate Multiple is 125%, and the Rate Spread is 125 basis points. If the Fund Trust designates all or a portion of any dividend on shares of any series of MuniPreferred Preferred Shares to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its a notice in the form of Exhibit I G hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series or Rate Spread to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereofDate, the Auction Agent shall be entitled to rely on the last Rate Multiple or Rate Spread for MuniPreferred Preferred Shares of which it has most recently received notice from the Fund Trust (or, in the absence of such notice, the percentage set forth in determined by reference to the Request and Acceptance Letterdefinition of Rate Multiple or Rate Spread), except that if the Fund Trust shall have notified the Auction Agent of a Rate Multiple or Rate Spread to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple or Rate Spread in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund Trust notifies the Auction Agent of a change in the Rate Multiple or Rate Spread for such succeeding Auction Date pursuant to this Section 2.3(a)2.6, the Rate Multiple or Rate Spread that was in effect on the first preceding Auction Date for MuniPreferred Preferred Shares with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains gain or other income taxable for Federal income tax purposes. (i) . On each Auction Date for any series of MuniPreferredDate, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund Trust and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) LIBOR Rate and Treasury Xxxx Rate(s)Index Rate, as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx Rate, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 1 contract

Samples: Auction Agency Agreement (Gabelli Dividend & Income Trust)

Information Concerning Rates. (a) The Rate Multiple on the date of the Agreement is set forth in the Request and Acceptance Letter. If there is any change in the credit rating of MuniPreferred by either of the rating agencies (or substitute or successor rating agencies) referred to in the definition of "Rate Multiple" resulting in any change in the Rate Multiple for MuniPreferred after the date of the Request and Acceptance Letter, the Fund shall notify the Auction Agent in writing of such change in the Rate Multiple prior to 12:00 Noon on the Business Day prior to the next Auction Date for any series of MuniPreferred succeeding such change. If the Fund designates all or a portion of any dividend on shares of any series of MuniPreferred to consist of net capital gains or other income taxable for Federal income tax purposes, it will indicate, in its notice in the form of Exhibit I hereto to the Auction Agent pursuant to Section 2.6 hereof, the Rate Multiple for such series to be in effect for the Auction Date on which the dividend rate for such dividend is to be fixed. In determining the Maximum Rate for any series of MuniPreferred on any Auction Date as set forth in Section 2.3(b)(i) hereof, the Auction Agent shall be entitled to rely on the last Rate Multiple for MuniPreferred of which it has most recently received notice from the Fund (or, in the absence of such notice, the percentage set forth in the Request and Acceptance Letter), except that if the Fund shall have notified the Auction Agent of a Rate Multiple to be in effect for an Auction Date in accordance with the preceding sentence, the Rate Multiple in effect for the next succeeding Auction Date of any series of MuniPreferred shall be, unless the Fund notifies the Auction Agent of a change in the Rate Multiple for such succeeding Auction Date pursuant to this Section 2.3(a), the Rate Multiple that was in effect on the first preceding Auction Date for MuniPreferred with respect to which the dividend, the rate for which was fixed on such Auction Date, did not include any net capital gains or other income taxable for Federal income tax purposes. (i) On each Auction Date for any series of MuniPreferred, the Auction Agent shall determine the Maximum Rate for such series. The Maximum Rate for any series of MuniPreferred on any Auction Date shall be: (A) in the case of any Auction Date which is not the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the Reference Rate on such Auction Date for the next Rate Period of such series and (2) the Rate Multiple on such Auction Date, unless such series has or had a Special Rate Period (other than a Special Rate Period of 28 Rate Period Days or fewer) and an Auction at which Sufficient Clearing Bids existed has not yet occurred for a Minimum Rate Period of such series after such Special Rate Period, in which case the higher of: (1) the dividend rate on shares of such series for the then- then-ending Rate Period; and (2) the product of (x) the higher of (I) the Reference Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such series, if such then then-ending Rate Period was more than 364 Rate Period Days, and (II) the Reference Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period of such series, if such Special Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to such Special Rate Period, if such Special Rate Period was more than 364 Rate Period Days and (y) the Rate Multiple on such Auction Date; or (B) in the case of any Auction Date which is the Auction Date immediately prior to the first day of any proposed Special Rate Period designated by the Fund pursuant to Section 4 of Part I of the Statement, the product of (1) the highest of (x) the Reference Rate on such Auction Date for a Rate-Rate Period equal in length to the then-ending Rate Period of such series, if such then-ending Rate Period was 364 Rate Period Days or fewer, or the Treasury Note Rate on such Auction Date for a Rate Period equal in length to the then-ending Rate Period of such Rate Period, if such then-ending thenending Rate Period was more than 364 Rate Period Days, (y) the Reference Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is 364 Rate Period Days or fewer or the Treasury Note Rate on such Auction Date for the Special Rate Period for which the Auction is being held if such Special Rate Period is more than 364 Rate Period Days, and (z) the Reference Rate on such Auction Date for Minimum Rate Periods and (2) the Rate Multiple on such Auction Date. Not later than 9:30 A.M. on each Auction Date the Auction Agent shall notify the Fund and the Broker-Dealers of the Maximum Rate so determined and the "AA" Composite Commercial Paper Rate(s), the Taxable Equivalent of the Short-Term Municipal Bond Rate(s), Treasury Note Rate(s) and Treasury Xxxx Rate(sBill Xxxe(s), as the case may be, used to make such determination. (ii) From and after a Failure to Deposit by the Fund during any Rate Period of any series of MuniPreferred, until such failure is cured and a Late Charge (as defined in paragraph (a) of Section 2.7), is paid, in accordance with subparagraph (e)(i) of Section 2 of Part I of the Statement, on the first day of each Rate Period of such series the Auction Agent shall determine the Treasury Note Rate for such Rate Period of more than 364 Rate Period Days and the Reference Rate for Rate Periods of 364 Rate Period Days or fewer. Not later than 9:30 A.M. on each such first day, the Auction Agent shall notify the Fund of the applicable Reference Rate and Treasury Note Rate. (iii) If any "AA" Composite Commercial Paper Rate, Taxable Equivalent of the Short-Term Municipal Bond Rate, Treasury Note Rate or Treasury Xxxx RateBill Xxxe, as the case may be, is not quoted on an interest or bond equivalent, as the case may be, basis, the Auction Agent shall convert the quoted rate to the interest or bond equivalent thereof as set forth in the definition of such rate in the Statement if the rate obtained by the Auction Agent is quoted on a discount basis, or if such rate is quoted on a basis other than an interest or bond equivalent or discount basis the Auction Agent shall convert the quoted rate to an interest or bond equivalent rate after consultation with the Fund as to the method of such conversion. (iv) If any "AA" Composite Commercial Paper Rate is to be based on rates supplied by Commercial Paper Dealers and one or more of the Commercial Paper Dealers shall not provide a quotation for the determination of such "AA" Composite Commercial Paper Rate, the Auction Agent shall immediately notify the Fund so that the Fund can determine whether to select a Substitute Commercial Paper Dealer or Substitute Commercial Paper Dealers to provide the quotation or quotations not being supplied by any Commercial Paper Dealer or

Appears in 1 contract

Samples: Auction Agency Agreement (Nuveen Premium Income Municipal Fund 4 Inc)

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