Common use of Provisions Incorporated by Reference Clause in Contracts

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable applicable, into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended herebyhereby (with such changes as the Company, the Purchase Contract Agent and the Remarketing Agent may agree upon, it being understood that changes may be necessary in the representations, warranties, covenants and other provisions hereof due to changes in law or facts and circumstances). (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus Statement and the Final Prospectus, respectively, as defined herein.

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable applicable, into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus Statement and the Final Prospectus, respectively, as defined herein.

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", " the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated(other than Section 2, Section 3, Section 4, Section 7, Section 8 and Section 9 thereof) are incorporated herein by reference, mutatis mutandis, and the Company hereby 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 applicable into this Agreement and made applicable to modified by the obligations provisions of the Remarketing Underwriter, except as explicitly amended herebySection 3(b) hereof. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing UnderwriterAgent and all references to the "Representative" or the "Representatives" shall be deemed to refer to Merrxxx Xxxch, Pierce, Fennxx & Xmitx Xxxorporated, ("Merrxxx Xxxcx"); (ii) all references therein to the "Securities" which are the subject thereof or "Initial Securities" shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.in

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, ---- ---- as applicable into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable applicable, into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.

Provisions Incorporated by Reference. (ai) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable applicable, into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (bii) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Preferred Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, ,respectively, as defined herein.

Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby. (b) With respect to the provisions of the Underwriting Agreement incorporated herein, for the purposes hereof, (i) all references therein to the "Underwriter" or "Underwriters" or the "Representative" or "Representatives", as the case may be, shall be deemed to refer to the Remarketing Underwriter; (ii) all references therein to the "Securities" which are the subject thereof shall be deemed to refer to the Debt Securities as defined herein; (iii) all references therein to the "Closing Date" shall be deemed to refer to the Remarketing Closing Date specified in Schedule I hereto (the "Remarketing Closing Date"); and (iv) all references therein to the "Registration Statement", the "Basic Prospectus" and the "Final Prospectus" shall be deemed to refer to the Registration Statement, the Basic Prospectus and the Final Prospectus, respectively, as defined herein.