Mandatory Tender. Provided that the SPURS Agent gives notice to the Company and the Trustee on a Business Day not later than ten (10) days prior to the SPURS Remarketing Date of its intention to purchase this Note for remarketing (the "Notification Date"), this Note shall be automatically tendered, or deemed tendered, to the SPURS Agent for purchase on the SPURS Remarketing Date, except in the circumstances described in "Redemption" below, for 100% of the principal amount hereof. Upon tender, the SPURS Agent may remarket this Note for its own account at varying prices to be determined by the SPURS Agent at the time of such sale. From, and including, the SPURS Remarketing Date to, but excluding, the next succeeding Interest Rate Adjustment Date, this Note shall bear interest at the SPURS Interest Rate. If the SPURS Agent elects to remarket this Note, the obligation of the SPURS Agent to purchase this Note on the SPURS Remarketing Date is subject to, among other things, the conditions that, since the Notification Date, no material adverse change in the condition of the Company and its subsidiaries, considered as one enterprise, shall have occurred and that no Event of Default (as defined in the Indenture), or any event which, with the giving of notice or passage of time, or both, would constitute an Event of Default, with respect to this Note shall have occurred and be continuing.
Appears in 2 contracts
Samples: Indenture (Detroit Edison Co), Supplemental Indenture (Detroit Edison Co)
Mandatory Tender. Provided that the SPURS MAPS Agent gives notice to the Company and the Trustee on a Business Day not later than ten (10) days prior to the SPURS MAPS Remarketing Date of its intention to purchase this Note for remarketing (the "Notification Date"), this Note shall be automatically tendered, or deemed tendered, to the SPURS MAPS Agent for purchase on the SPURS MAPS Remarketing Date, except in the circumstances described in "Redemption" below, for 100% of the principal amount hereof. Upon tender, the SPURS MAPS Agent may remarket this Note for its own account at varying prices to be determined by the SPURS MAPS Agent at the time of such sale. From, and including, the SPURS MAPS Remarketing Date to, but excluding, the next succeeding Interest Rate Adjustment Date, this Note shall bear interest at the SPURS MAPS Interest Rate. If the SPURS MAPS Agent elects to remarket this Note, the obligation of the SPURS MAPS Agent to purchase this Note on the SPURS MAPS Remarketing Date is subject to, among other things, the conditions that, since the Notification Date, no material adverse change in the condition of the Company and its subsidiaries, considered as one enterprise, shall have occurred and that no Event of Default (as defined in the Indenture), or any event which, with the giving of notice or passage of time, or both, would constitute an Event of Default, with respect to this Note shall have occurred and be continuing.
Appears in 2 contracts
Samples: Collateral Assignment Agreement (Detroit Edison Co), Detroit Edison Co
Mandatory Tender. Provided that the SPURS Agent gives notice to the Company and the Trustee on a Business Day not later than ten (10) days prior to the SPURS Remarketing Date of its intention to purchase this Note for remarketing (the "Notification Date"), this Note shall be automatically tendered, or deemed tendered, to the SPURS Agent for purchase on the SPURS Remarketing Date, except in the circumstances described in "Redemption" below, for 100% of the principal amount hereof. Upon tender, the SPURS Agent may remarket this Note for its own account at varying prices to be determined by the SPURS Agent at the time of such sale. From, and including, the SPURS Remarketing Date to, but excluding, the next succeeding Interest Rate Adjustment Date, this Note shall bear interest at the SPURS Interest Rate. If the SPURS Agent elects XXXXX Xxxxx xxxcts to remarket this Note, the obligation of the SPURS Agent to purchase this Note on the SPURS Remarketing Date is subject to, among other things, the conditions that, since the Notification Date, no material adverse change in the condition of the Company and its subsidiaries, considered as one enterprise, shall have occurred and that no Event of Default (as defined in the Indenture), or any event which, with the giving of notice or passage of time, or both, would constitute an Event of Default, with respect to this Note shall have occurred and be continuing.
Appears in 1 contract
Samples: Detroit Edison Co