Common use of Purchase of Bonds Clause in Contracts

Purchase of Bonds. (a) In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the Owners of the Bonds, the Borrower does hereby covenant and agree to cause the necessary arrangements to be made and to be thereafter continued whereby, from time to time, the Bonds will be purchased from the owners thereof under the circumstances provided in Section 4.08 of the Indenture. In furtherance of the foregoing covenant of the Borrower, the Issuer, at the direction of the Borrower, has set forth in Section 4.08 of the Indenture the terms and conditions relating to such purchases and has set forth in Article XIV of the Indenture the duties and responsibilities of the Tender Agent with respect to the purchase of Bonds and of the Remarketing Agent with respect to the remarketing of Bonds. At the direction of the Borrower, Citigroup Global Markets Inc. has been designated as the initial Remarketing Agent and as the initial Tender Agent and the Borrower hereby authorizes and directs the Tender Agent and the Remarketing Agent to purchase, offer, sell and deliver Bonds in accordance with the provisions of Section 4.08 and Article XIV of the Indenture. Without limiting the generality of the foregoing covenant of the Borrower, and in consideration of the Issuer’s having set forth in the Indenture the aforesaid provisions of Section 4.08 and Article XIV thereof, the Borrower covenants, for the benefit of the Owners of the Bonds, to pay, or cause to be paid, to the Tender Agent such amounts as shall be necessary to enable the Tender Agent to pay the purchase price of Bonds, all as more particularly described in Section 4.08 and Article XIV of the Indenture. (b) The Issuer shall have no obligation or responsibility financial or otherwise, with respect to the purchase or remarketing of Bonds or the making or continuation of arrangements therefor, except that the Issuer shall generally cooperate with the Borrower, the Trustee, the Tender Agent and the Remarketing Agent as contemplated in Article XIV of the Indenture.

Appears in 3 contracts

Samples: Loan Agreement (El Paso Electric Co /Tx/), Loan Agreement (El Paso Electric Co /Tx/), Loan Agreement (El Paso Electric Co /Tx/)

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Purchase of Bonds. (a) In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the Owners of the BondsHolders, the Borrower Company has agreed, and does hereby covenant and agree covenant, to cause the necessary arrangements to be made and to be thereafter continued whereby, whereby the Holders from time to timetime may deliver, the or may be required to deliver Bonds will for purchase and whereby such Bonds shall be purchased from the owners thereof under the circumstances provided in Section 4.08 of the Indentureso purchased. In furtherance of the foregoing covenant of the BorrowerCompany, the Issuer, at the direction request of the BorrowerCompany, has set forth in Section 4.08 of the Indenture Bonds the terms and conditions relating to such purchases and the delivery of Bonds by the Holders thereof for purchase, has set forth in Article XIV of the Indenture the duties and responsibilities of the Tender Remarketing Agent with respect to the purchase and remarketing of Bonds and has therein provided for the appointment of the Remarketing Agent with respect to the remarketing of BondsAgent. At the direction of the Borrower, Citigroup Global Markets Inc. has been designated as the initial Remarketing Agent and as the initial Tender Agent and the Borrower The Company hereby authorizes and directs the Tender Agent and the Remarketing Agent to purchase, offer, sell and deliver Bonds in accordance with the provisions of Section 4.08 and Article XIV of the Indenture. Without limiting the generality of the foregoing covenant of the BorrowerCompany, and in consideration of the Issuer’s 's having set forth in the Bonds and the Indenture the aforesaid provisions of Section 4.08 and Article XIV thereofprovisions, the Borrower Company covenants, for the benefit of the Owners of the BondsHolders, to provide for arrangements to pay, or cause to be paid, to the Tender Agent such amounts as shall be necessary to enable effect the Tender Agent to pay payment of the purchase price Purchase Price of BondsBonds delivered for purchase, all as more particularly described in Section 4.08 and Article XIV of the Indenture. (b) Notwithstanding the provisions of Section 11.6(a), the obligations of the Company under Section 11.6(a) with respect to the purchase of Bonds shall be terminated on the date the Bonds begin to bear interest at the Fixed Rate in accordance with the Indenture. (c) In furtherance of the obligations of the Company under Section 11.6(a), the Company shall provide for the payment of its obligations under such Section 11.6(a) by the delivery of the Original Credit Facility simultaneously with the original delivery of the Bonds. In order to implement such undertaking of the Company, the Issuer, at the direction of the Company, has set forth in the Indenture the terms and conditions relating to drawings under the Credit Facility to provide moneys for the purchase of Bonds. The Company hereby authorizes and directs the Trustee to draw moneys under the Credit Facility in accordance with the provisions of the Indenture to the extent necessary to provide moneys payable under Section 2.7 of the Indenture if and when due. (d) The Issuer shall have no obligation or responsibility responsibility, financial or otherwise, with respect to the purchase or remarketing of Bonds or the making or continuation of arrangements therefortherefor other than as expressly set forth in Section 11.6(a), except that the Issuer shall generally cooperate with the Borrower, the Trustee, the Tender Agent Company and the Remarketing Agent as contemplated in Article XIV Section 2.7 of the Indenture.

Appears in 2 contracts

Samples: Loan Agreement (Bovie Medical Corp), Loan Agreement (Open Plan Systems Inc)

Purchase of Bonds. (a) In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the Owners of the Bonds, the Borrower does hereby covenant and agree to cause the necessary arrangements to be made and to be thereafter continued whereby, from time to time, the Bonds will be purchased from the owners thereof under the circumstances provided in Section 4.08 of the Indenture. In furtherance of the foregoing covenant of the Borrower, the Issuer, at the direction of the Borrower, has set forth in Section 4.08 of the Indenture the terms and conditions relating to such purchases and has set forth in Article VI and Article XIV of the Indenture the duties and responsibilities of the Tender Agent with respect to the purchase of Bonds and in Article XIV of the Indenture the duties and responsibilities of the Remarketing Agent with respect to the remarketing of Bonds. At the direction of the Borrower, Citigroup Global Markets X.X. Xxxxxx Securities Inc. has been designated as the initial Remarketing Agent and Agent, the Trustee has been designated as the initial Tender Agent and the Borrower hereby authorizes and directs the Tender Agent and the Remarketing Agent to purchase, offer, sell and deliver Bonds in accordance with the provisions of Section 4.08 and Article XIV of the Indenture. Without limiting the generality of the foregoing covenant of the Borrower, and in consideration of the Issuer’s Issuer having set forth in the Indenture the aforesaid provisions of Section 4.08 and Article XIV thereof, the Borrower covenants, for the benefit of the Owners of the Bonds, to pay, or cause to be paid, to the Tender Agent such amounts as shall be necessary to enable the Tender Agent to pay the purchase price of Bonds, all as more particularly described in Section 4.08 and Article XIV of the Indenture. (b) The Issuer shall have no obligation or responsibility responsibility, financial or otherwise, with respect to the purchase or remarketing of Bonds or the making or continuation of arrangements therefor, except that the Issuer shall generally cooperate with the Borrower, the Trustee, the Tender Agent and the Remarketing Agent as contemplated in Article XIV of the Indenture.

Appears in 2 contracts

Samples: Loan Agreement (El Paso Electric Co /Tx/), Loan Agreement (El Paso Electric Co /Tx/)

Purchase of Bonds. (a) In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the Owners of the Bonds, the Borrower does hereby covenant and agree to The Company shall cause the necessary arrangements to be made and to be thereafter continued whereby, whereby owners from time to time, time of the Bonds will may deliver Bonds for purchase and whereby such Bonds shall be purchased from the owners thereof under the circumstances provided in Section 4.08 of the Indentureso purchased. In furtherance of the foregoing covenant of the BorrowerCompany, the Issuer, at the direction of the BorrowerCompany, has set forth in Section 4.08 Article IV of the Indenture the terms and conditions relating to such purchases the delivery of Bonds by the registered holders thereof to the Remarketing Agent for purchase and has set forth in Article XIV of the Indenture or the Remarketing Agreement the duties and responsibilities of the Tender Agent with respect to the purchase of Bonds and of the Remarketing Agent with respect to the purchase and remarketing of Bonds. At the direction of the Borrower, Citigroup Global Markets Inc. has been designated as the initial Remarketing Agent and as the initial Tender Agent and the Borrower The Company hereby authorizes and directs the Tender Agent and the Remarketing Agent to purchase, offer, sell sell, and deliver Bonds in accordance with the provisions of Section 4.08 and Article XIV IV of the Indenture. Without limiting the generality of the foregoing covenant of the Borrower, and in consideration of the Issuer’s having set forth in the Indenture the aforesaid provisions of Section 4.08 and Article XIV thereofCompany, the Borrower Company covenants, for the benefit of the Owners owners of the Bonds, to pay, or cause to be paid, to the Tender Agent Trustee such amounts as shall be necessary to enable the Tender Paying Agent to pay the Purchase Price of the Bonds delivered to it for purchase price of Bondsor deemed delivered for purchase, all as more particularly described described, in Section 4.08 and Article XIV the Indenture; provided, however, that the obligation of the IndentureCompany to make, or cause to be made, any such payment hereunder shall be satisfied only, in order of priority, first, by funds received by the Paying Agent from the remarketing of the Bonds by the Remarketing Agent, second, in the event sufficient funds are not available from such remarketing, from draws upon the Credit Facility, if any, and third, from funds provided by the Company. (b) The Issuer shall have no obligation or responsibility responsibility, financial or otherwise, with respect to the purchase or remarketing of Bonds or the making or continuation of arrangements therefortherefor other than as expressly set forth in subsection (a) of this Section 4.6, except that the Issuer shall generally cooperate with the Borrower, the Trustee, the Tender Agent Company and the Remarketing Agent as contemplated in Article XIV of by the Indenture.

Appears in 2 contracts

Samples: Loan Agreement (Cleco Corp), Loan Agreement (Cleco Power LLC)

Purchase of Bonds. (a) In consideration of the issuance of the Bonds by the IssuerCity, but for the benefit of the Owners of the Bonds, the Borrower Company does hereby covenant and agree to cause the necessary arrangements to be made and to be thereafter continued whereby, from time to time, the Bonds will be purchased from the owners thereof under the circumstances provided in Section 4.08 of the IndentureOrdinance. In furtherance of the foregoing covenant of the BorrowerCompany, the IssuerCity, at the direction of the BorrowerCompany, has set forth in Section 4.08 of the Indenture Ordinance the terms and conditions relating to such purchases and has set forth in Article XIV of the Indenture Ordinance the duties and responsibilities of the Tender Agent with respect to the purchase of Bonds and of the Remarketing Agent with respect to the remarketing of Bonds. At the direction of the BorrowerCompany, Citigroup Global Markets Salomon Smith Barney Inc. has been designated as the initial Remarketing Agent and as the Remarketxxx Xxxxx xxx xx xxx initial Tender Agent and the Borrower Company hereby authorizes and directs the Tender Agent and the Remarketing Agent to purchase, offer, sell and deliver Bonds in accordance with the provisions of Section 4.08 and Article XIV of the IndentureOrdinance. Without limiting the generality of the foregoing covenant of the BorrowerCompany, and in consideration of the Issuer’s City's having set forth in the Indenture Ordinance the aforesaid provisions of Section 4.08 and Article XIV thereof, the Borrower Company covenants, for the benefit of the Owners of the Bonds, to pay, or cause to be paid, to the Tender Agent such amounts as shall be necessary to enable the Tender Agent to pay the purchase price of Bonds, all as more particularly described in Section 4.08 and Article XIV of the IndentureOrdinance. (b) The Issuer City shall have no obligation or responsibility financial or otherwise, with respect to the purchase or remarketing of Bonds or the making or continuation of arrangements therefor, except that the Issuer City shall generally cooperate with the BorrowerCompany, the Trustee, the Tender Agent and the Remarketing Agent as contemplated in Article XIV of the IndentureOrdinance.

Appears in 1 contract

Samples: Installment Sale Agreement (El Paso Electric Co /Tx/)

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Purchase of Bonds. (a) In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the Owners of the BondsHolders, the Borrower Lessee has agreed, and does hereby covenant and agree covenant, to cause the necessary arrangements to be made and to be thereafter continued whereby, whereby the Holders from time to timetime may deliver, the or may be required to deliver Bonds will for purchase and whereby such Bonds shall be purchased from the owners thereof under the circumstances provided in Section 4.08 of the Indentureso purchased. In furtherance of the foregoing covenant of the BorrowerLessee, the Issuer, at the direction request of the BorrowerLessee, has set forth in Section 4.08 of the Indenture the terms and conditions relating to such purchases and the delivery of Bonds by the Holders thereof for purchase, has set forth in Article XIV of the Indenture the duties and responsibilities of the Tender Agent with respect to the purchase of Bonds Bonds, and of the Remarketing Agent with respect to the remarketing of Bonds. At Bonds and has therein provided for the direction appointment of the Borrower, Citigroup Global Markets Inc. has been designated as the initial Remarketing Agent and as the initial Tender Agent and the Borrower Remarketing Agent. The Lessee hereby authorizes and directs the Tender Agent and the Remarketing Agent to purchase, offer, sell and deliver Bonds in accordance with the provisions of Section 4.08 and Article XIV of the Indenture. Without limiting the generality of the foregoing covenant of the BorrowerLessee, and in consideration of the Issuer’s 's having set forth in the Bonds and the Indenture the aforesaid provisions of Section 4.08 and Article XIV thereofprovisions, the Borrower Lessee, covenants, for the benefit of the Owners of the BondsHolders, to provide for arrangements to pay, or cause to be paid, to the Tender Agent such amounts as shall be necessary to enable effect the Tender Agent to pay payment of the purchase price Purchase Price of BondsBonds delivered for purchase, all as more particularly described in Section 4.08 and Article XIV of the Indenture. (b) Notwithstanding the provisions of subsection (a) of this Section, the obligations of the Lessee under subsection (a) of this Section with respect to the purchase of Bonds shall be terminated on the date the Bonds begin to bear interest at the Fixed Rate in accordance with the Indenture. (c) In furtherance of the obligations of the Lessee under subsection (a) of this Section, the Lessee shall provide for the payment of its obligations under said subsection (a) by the delivery of the Original Credit Facility simultaneously with the original delivery of the Bonds. In order to implement such undertaking of the Lessee, the Issuer, at the direction of the Lessee, has set forth in the Indenture the terms and conditions relating to drawings under the Credit Facility to provide moneys for the purchase of Bonds. The Lessee hereby authorizes and directs the Trustee to draw moneys under the Credit Facility in accordance with the provisions of the Indenture to the extent necessary to provide moneys payable under Section 2.07 of the Indenture if and when due. (d) The Issuer shall have no obligation or responsibility responsibility, financial or otherwise, with respect to the purchase or remarketing of Bonds or the making or continuation of arrangements therefortherefor other than as expressly set forth in subsection (a) of this Section 7.7, except that the Issuer shall generally cooperate with the BorrowerLessee, the Trustee, the Tender Agent Trustee and the Remarketing Agent as contemplated in Article XIV Section 2.07 of the Indenture.

Appears in 1 contract

Samples: Lease Agreement (Abrams Industries Inc)

Purchase of Bonds. (a) In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the Owners of the Bonds, the Borrower does hereby covenant and agree to cause the necessary arrangements to be made and to be thereafter continued whereby, from time to time, the Bonds will be purchased from the owners thereof under the circumstances provided in Section 4.08 of the Indenture. In furtherance of the foregoing covenant of the Borrower, the Issuer, at the direction of the Borrower, has set forth in Section 4.08 of the Indenture the terms and conditions relating to such purchases and has set forth in Article VI and Article XIV of the Indenture the duties and responsibilities of the Tender Agent with respect to the purchase of Bonds and in Article XIV of the Indenture the duties and responsibilities of the Remarketing Agent with respect to the remarketing of Bonds. At the direction of the Borrower, Citigroup Global Markets J.P. Morgan Securities Inc. has been designated as the designaxxx xx xxx initial Remarketing Agent and Agent, the Trustee has been designated as the initial Tender Agent and the Borrower hereby authorizes and directs the Tender Agent and the Remarketing Agent to purchase, offer, sell and deliver Bonds in accordance with the provisions of Section 4.08 and Article XIV of the Indenture. Without limiting the generality of the foregoing covenant of the Borrower, and in consideration of the Issuer’s Issuer having set forth in the Indenture the aforesaid provisions of Section 4.08 and Article XIV thereof, the Borrower covenants, for the benefit of the Owners of the Bonds, to pay, or cause to be paid, to the Tender Agent such amounts as shall be necessary to enable the Tender Agent to pay the purchase price of Bonds, all as more particularly described in Section 4.08 and Article XIV of the Indenture. (b) The Issuer shall have no obligation or responsibility responsibility, financial or otherwise, with respect to the purchase or remarketing of Bonds or the making or continuation of arrangements therefor, except that the Issuer shall generally cooperate with the Borrower, the Trustee, the Tender Agent and the Remarketing Agent as contemplated in Article XIV of the Indenture.

Appears in 1 contract

Samples: Loan Agreement (El Paso Electric Co /Tx/)

Purchase of Bonds. (a) In consideration of the issuance of the Bonds by the IssuerCity, but for the benefit of the Owners of the Bonds, the Borrower Company does hereby covenant and agree to cause the necessary arrangements to be made and to be thereafter continued whereby, from time to time, the Bonds will be purchased from the owners Owners thereof under the circumstances provided in Section 4.08 of the IndentureOrdinance. In furtherance of the foregoing covenant of the BorrowerCompany, the IssuerCity, at the direction of the BorrowerCompany, has set forth in Section 4.08 of the Indenture Ordinance the terms and conditions relating to such purchases and has set forth in Article XIV of the Indenture Ordinance the duties and responsibilities of the Tender Agent with respect to the purchase of Bonds and of the Remarketing Agent with respect to the remarketing of Bonds. At the direction of the BorrowerCompany, Citigroup Global Markets Inc. U.S. Bank Municipal Securities Group, a division of U.S. Bank National Association, has been designated as the initial Remarketing Agent and Union Bank as the initial Tender Agent and the Borrower Company hereby authorizes and directs the Tender Agent and the Remarketing Agent to purchase, offer, sell and deliver Bonds in accordance with the provisions of Section 4.08 and Article XIV of the IndentureOrdinance. Without limiting the generality of the foregoing covenant of the BorrowerCompany, and in consideration of the Issuer’s City's having set forth in the Indenture Ordinance the aforesaid provisions of Section 4.08 and Article XIV thereof, the Borrower Company covenants, for the benefit of the Owners of the Bonds, to pay, or cause to be paid, to the Tender Agent such amounts as shall be necessary to enable the Tender Agent to pay the purchase price of Bonds, all as more particularly described in Section 4.08 and Article XIV of the IndentureOrdinance. (b) The Issuer City shall have no obligation or responsibility financial or otherwise, with respect to the purchase or remarketing of Bonds or the making or continuation of arrangements therefor, except that the Issuer City shall generally cooperate with the BorrowerCompany, the Trustee, the Tender Agent and the Remarketing Agent as contemplated in Article XIV of the IndentureOrdinance.

Appears in 1 contract

Samples: Installment Sale Agreement (El Paso Electric Co /Tx/)

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