Common use of Provisions Incorporated by Reference Clause in Contracts

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof, the provisions of the Underwriting Agreement (other than Section 1, Section 3, Section 4, Section 5, Section 8 and Section 9 thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 3 contracts

Samples: Remarketing Agreement (Duke Energy Corp), Remarketing Agreement (Duke Energy Corp), Remarketing Agreement (Duke Energy Corp)

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Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than Section 12, Section 3, Section 4, Section 57, Section 8 9 and Section 9 10 thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 3 contracts

Samples: Remarketing Agreement (Sprint Corp), Remarketing Agreement (Sprint Corp), Remarketing Agreement (Sprint Corp)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than Section 12, Section 3, Section 4, Section 5, Section 8 9 and Section 9 10 thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 3 contracts

Samples: Remarketing Agreement, Remarketing Agreement (Great Plains Energy Inc), Remarketing Agreement (Great Plains Energy Inc)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than Section 12, Section 3, Section 4, Section 57, Section 8 and Section 9 thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 3 contracts

Samples: Remarketing Agreement (Kansas City Southern Industries Inc), Remarketing Agreement (Electronic Data Systems Corp /De/), Remarketing Agreement (Electronic Data Systems Corp /De/)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof, the provisions of the Underwriting Agreement (other than [Section 1__, Section 3__, Section 4__, Section 5__, Section 8 __ and Section 9 __] thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 2 contracts

Samples: Remarketing Agreement (Citizens Communications Co), Remarketing Agreement (Citizens Communications Co)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than Section 12, Section 3, Section 4, Section 5, Section 8 6, Section 9 and Section 9 10 thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 2 contracts

Samples: Remarketing Agreement (Amerus Group Co/Ia), Remarketing Agreement (Gabelli Asset Management Inc)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof, the provisions of the Underwriting Agreement (other than [Section 1, Section 3, Section 4, Section 5, Section 8 and Section 9 9] thereof) are incorporated herein by reference, mutatis mutandis, and the Company Company, PPL Capital Funding and Duke Capital the Trust hereby make the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 1 contract

Samples: Remarketing Agreement (PPL Corp)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Terms Agreement (other than Section 12, Section 3, Section 4, Section 5, Section 8 6, Section 9 and Section 9 10 thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Terms Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 1 contract

Samples: Remarketing Agreement (Alltel Corp)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than Section 12, Section 36, Section 4, Section 5, Section 8 7 and Section 9 10 thereof) are incorporated herein by reference, mutatis mutandismutatismutandis, and the Company and Duke Capital the Trust hereby make the representations and warranties, and agrees agree to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 1 contract

Samples: Remarketing Agreement (Kaufman & Broad Home Corp)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof, the provisions Sections ___ of the Underwriting Agreement (other than Section 1, Section 3, Section 4, Section 5, Section 8 and Section 9 thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 1 contract

Samples: Remarketing Agreement (Centurytel Inc)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than Section 12, Section 36, Section 4, Section 5, Section 8 7 and Section 9 10 thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 1 contract

Samples: Remarketing Agreement (Coastal Corp)

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Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than [Section 12, Section 3, Section 4, Section 57, Section 8 and Section 9 9] thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 1 contract

Samples: Remarketing Agreement (Williams Companies Inc)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than Section 1, Section 2, Section 3, Section 47, Section 5, Section 8 9 and Section 9 10 thereof) are incorporated herein by reference, mutatis mutandis, except as set forth in Schedule I hereto, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 1 contract

Samples: Remarketing Agreement (Keyspan Corp)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than Section 12, Section 3, Section 4, Section 57, Section 8 and Section 9 thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Units Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 1 contract

Samples: Remarketing Agreement (NRG Energy Inc)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than Section 12, Section 3, Section 4, Section 5, Section 8 and Section 9 thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 1 contract

Samples: Remarketing Agreement (Cendant Corp)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than Section 1, Section 32, Section 4, Section 56, Section 8 7, Section 8, Section 9 and Section 9 10 thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital the Trust, as the case may be, hereby make the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 1 contract

Samples: Remarketing Agreement (Public Service Enterprise Group Inc)

Provisions Incorporated by Reference. (a) Subject to Section 3(b) hereof), the provisions of the Underwriting Agreement (other than [Section 12, Section 3, Section 4, Section 56, Section 8 and Section 9 9] thereof) are incorporated herein by reference, mutatis mutandis, and the Company and Duke Capital hereby make makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.

Appears in 1 contract

Samples: Remarketing Agreement (Apco Argentina Inc/New)

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