Purchase of Bonds. (a) The Company shall cause the necessary arrangements to be made and to be thereafter continued whereby owners from time to time of the Bonds may deliver Bonds for purchase and whereby such Bonds shall be so purchased. In furtherance of the foregoing covenant of the Company, the Issuer, at the direction of the Company, has set forth in Article V of the Indenture the terms and conditions relating to the delivery of Bonds by the registered holders thereof to the Remarketing Agent for purchase and has set forth in the Indenture or the Remarketing Agreement the duties and responsibilities of the Remarketing Agent with respect to the purchase and remarketing of Bonds. The Company hereby authorizes and directs the Remarketing Agent to purchase, offer, sell, and deliver Bonds in accordance with the provisions of Article V of the Indenture. Without limiting the generality of the foregoing covenant of the Company, the Company covenants, for the benefit of the owners of the Bonds, to pay, or cause to be paid, to the Trustee such amounts as shall be necessary to enable the Paying Agent to pay the Purchase Price of the Bonds delivered to it for purchase or deemed delivered for purchase, all as more particularly described, in the Indenture; provided, however, that the obligation of the Company 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, financial or otherwise, with respect to the purchase of Bonds or the making or continuation of arrangements therefor other than as expressly set forth in subsection (a) of this Section 4.6, except that the Issuer shall generally cooperate with the Company and the Remarketing Agent as contemplated by the Indenture.
Appears in 2 contracts
Samples: Loan Agreement (Cleco Power LLC), Loan Agreement (Cleco Corp)
Purchase of Bonds. (a) The In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the Holders, the Company shall has agreed, and does hereby covenant, to cause the necessary arrangements to be made and to be thereafter continued whereby owners the Holders from time to time of the Bonds may deliver, or may be required to deliver Bonds for purchase and whereby such Bonds shall be so purchased. In furtherance of the foregoing covenant of the Company, the Issuer, at the direction request of the Company, has set forth in Article V of the Indenture Bonds the terms and conditions relating to the delivery of Bonds by the registered holders Holders thereof to the Remarketing Agent for purchase and purchase, has set forth in 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 BondsBonds and has therein provided for the appointment of the Tender Agent and Remarketing Agent. 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 Article V of the Indenture. Without limiting the generality of the foregoing covenant of the Company, and in consideration of the Issuer's having set forth in the Bonds and the Indenture the aforesaid provisions, the Company covenants, for the benefit of the owners of the BondsHolders, to provide for arrangements to pay, or cause to be paid, to the Trustee such amounts as shall be necessary to enable effect the Paying Agent to pay payment of the Purchase Price of the Bonds delivered to it for purchase or deemed delivered for purchase, all as more particularly described, described in the Indenture; provided, however, that the obligation of the Company 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, financial or otherwise, with respect to the purchase of Bonds or the making or continuation of arrangements therefor other than as expressly set forth in subsection (a) of this Section 4.6, except that the Issuer shall generally cooperate with the Company and the Remarketing Agent as contemplated by the Indenture.
Appears in 2 contracts
Samples: Loan Agreement (Culp Inc), Loan Agreement (Culp Inc)
Purchase of Bonds. (a) The Company shall cause the necessary arrangements to be made and to be thereafter continued whereby owners from time to time owners of the Bonds may deliver Bonds for purchase and whereby such Bonds shall be so purchased. In furtherance of the foregoing covenant of the Company, the Issuer, at the direction of the Company, has set forth in Article V IV of the Indenture the terms and conditions relating to the delivery of Bonds by the registered holders thereof to the Remarketing Agent for purchase and has set forth in the Indenture or the Remarketing Agreement the duties and responsibilities of the Remarketing Agent with respect to the purchase and remarketing of Bonds. The Company hereby authorizes and directs the Remarketing Agent to purchase, offer, sell, and deliver Bonds in accordance with the provisions of Article V IV of the Indenture. Without limiting the generality of the foregoing covenant of the Company, the Company covenants, for the benefit of the owners of the Bonds, to pay, or cause to be paid, to the Trustee such amounts as shall be necessary to enable the Paying Agent to pay the Purchase Price of the Bonds delivered to it for purchase or deemed delivered for purchase, all as more particularly described, in the Indenture; provided, however, that the obligation of the Company 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, financial or otherwise, with respect to the purchase of Bonds or the making or continuation of arrangements therefor other than as expressly set forth in subsection (a) of this Section 4.6, except that the Issuer shall generally cooperate with the Company and the Remarketing Agent as contemplated by the Indenture.
Appears in 1 contract
Samples: Loan Agreement (Cleco Corp)
Purchase of Bonds. (a) The In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the Holders, the Company shall has agreed, and does hereby covenant, to cause the necessary arrangements to be made and to be thereafter continued whereby owners the Holders from time to time of the Bonds may deliver, or may be required to deliver Bonds for purchase and whereby such Bonds shall be so purchased. In furtherance of the foregoing covenant of the Company, the Issuer, at the direction request of the Company, has set forth in Article V of the Indenture Bonds the terms and conditions relating to the delivery of Bonds by the registered holders Holders thereof to the Remarketing Agent for purchase and purchase, has set forth in 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 BondsBonds and has therein provided for the appointment of the Tender Agent and Remarketing Agent. 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 Article V of the Indenture. Without limiting the generality of the foregoing covenant of the Company, and in consideration of the Issuer's having set forth in the Bonds and the Indenture the aforesaid provisions, the Company covenants, for the benefit of the owners of the BondsHolders, to provide for arrangements to pay, or cause to be paid, to the Trustee such amounts as shall be necessary to enable effect the Paying Agent to pay payment of the Purchase Price of the Bonds delivered to it for purchase or deemed delivered for purchase, all as more particularly described, described in the Indenture; provided, however, that the obligation of the Company 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) 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, financial or otherwise, with respect to the purchase of Bonds or the making or continuation of arrangements therefor other than as expressly set forth in subsection (a) of this Section 4.611.6(a), except that the Issuer shall generally cooperate with the Company Company, the Tender Agent and the Remarketing Agent as contemplated by in Section 2.7 of the Indenture.. ARTICLE XIIARTICLE XII
Appears in 1 contract
Samples: Loan Agreement (Culp Inc)
Purchase of Bonds. (a) The In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the owners of the Bonds, the Company shall has agreed, and does hereby covenant, to cause the necessary arrangements to be made and to be thereafter continued whereby owners from time to time of the Bonds may deliver Bonds for purchase and whereby such Bonds shall be so purchased. In furtherance of the foregoing covenant of the Company, the Issuer, at the direction of the Company, has set forth in Article V Section 2.10 of the Indenture the terms and conditions relating to the delivery of Bonds by the registered holders thereof to the Remarketing Agent for purchase and has set forth in the Indenture or the Remarketing Agreement the duties and responsibilities of the Remarketing Agent with respect to the purchase and remarketing of Bonds. The Company hereby authorizes and directs the Remarketing Agent to purchase, offer, sell, and deliver Bonds in accordance with the provisions of Article V Section 2.10 of the Indenture. Without limiting the generality of the foregoing covenant of the CompanyCompany or the other provisions of this Article V, the Company covenants, for the benefit of the owners of the Bonds, to pay, or cause to be paid, to the Trustee such amounts as shall be necessary to enable the Paying Agent Trustee to pay the Purchase Price of the Bonds delivered to it for purchase or deemed delivered for purchase, all as more particularly described, described in the Indenture; provided, however, that the obligation of the Company to make, or cause to be made, any such payment hereunder shall be satisfied only, in order of priority, first, by reduced to the extent that funds are received by the Trustee or the Paying Agent from the remarketing of the Bonds by the Remarketing Agent, secondAgent or, in the event sufficient funds are not available from such remarketing, from draws upon a draw on the Letter of Credit Facilityor, if any, and thirdin the event sufficient funds are not available from such sources, from funds provided by the Company.
(b) The Issuer shall have no obligation or responsibility, financial or otherwise, with respect to the purchase of Bonds or the making or continuation of arrangements therefor other than as expressly set forth in subsection (a) of this Section 4.65.10, except that the Issuer shall generally cooperate with the Company and the Remarketing Agent as contemplated by the Indenture.
Appears in 1 contract
Samples: Installment Payment Agreement (Central Power & Light Co /Tx/)
Purchase of Bonds. (a) The In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the owners of the Bonds, the Company shall has agreed, and does hereby covenant, to cause the necessary arrangements to be made and to be thereafter continued whereby owners from time to time of the Bonds may deliver Bonds for purchase and whereby such Bonds shall be so purchased. In furtherance of the foregoing covenant of the Company, the Issuer, at the direction of the Company, has set forth in Article V Section 2.10 of the Indenture the terms and conditions relating to the delivery of Bonds by the registered holders thereof to the Remarketing Agent for purchase and has set forth in the Indenture or the Remarketing Agreement the duties and responsibilities of the Remarketing Agent with respect to the purchase and remarketing of Bonds. The Company hereby authorizes and directs the Remarketing Agent to purchase, offer, sell, and deliver Bonds in accordance with the provisions of Article V Section 2.10 of the Indenture. Without limiting the generality of the foregoing covenant of the CompanyCompany or the other provisions of this Article V, the Company covenants, for the benefit of the owners of the Bonds, to pay, or cause to be paid, to the Trustee such amounts as shall be necessary to enable the Paying Agent Trustee to pay the Purchase Price of the Bonds delivered to it for purchase or deemed delivered for purchase, all as more particularly described, described in the Indenture; provided, however, that the obligation of the Company to make, or cause to be made, any such payment hereunder shall be satisfied only, in order of priority, first, only by funds received by the Trustee or the Paying Agent from the remarketing of the Bonds by the Remarketing Agent, secondAgent or, 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, financial or otherwise, with respect to the purchase of Bonds or the making or continuation of arrangements therefor other than as expressly set forth in subsection (a) of this Section 4.65.10, except that the Issuer shall generally cooperate with the Company and the Remarketing Agent as contemplated by the Indenture.
Appears in 1 contract
Samples: Installment Payment Agreement (Central Power & Light Co /Tx/)
Purchase of Bonds. (a) The In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the owners of the Bonds, the Company shall has agreed, and does hereby covenant, to cause the necessary arrangements to be made and to be thereafter continued whereby owners from time to time of the Bonds may deliver Bonds for purchase and whereby such Bonds shall be so purchasedpurchased to the extent, and under the terms and conditions, set forth in the Indenture. In furtherance of the foregoing covenant of the Company, the Issuer, at the direction of the Company, has set forth in Article V Section 2.06(b) of the Indenture the terms and conditions relating to the delivery of Bonds by the registered holders thereof to the Remarketing Agent for purchase and has set forth in the Indenture or and the Remarketing Agreement the duties and responsibilities of the Remarketing Agent with respect to the purchase and remarketing of Bonds. The Company hereby authorizes and directs the Remarketing Agent to purchase, offer, sell, and deliver Bonds in accordance with the provisions of Article V Section 2.06(b) of the Indenture. Without limiting the generality of the foregoing covenant of the Company, the Company covenants, for the benefit of the owners of the Bonds, to pay, or cause to be paid, to the Trustee such amounts as shall be necessary to enable the Paying Agent Trustee to pay the Purchase Price of the Bonds (as a component of the Loan Payments) delivered to it for purchase or deemed delivered for purchase, all as more particularly described, at the direction of the Company, in the IndentureIndenture to be deposited in the Bond Purchase Fund for the benefit of tendered Bondholders; provided, however, that the obligation of the Company to make, or cause to be made, any such payment hereunder shall be satisfied only, in order of priority, first, only by funds received by the Paying Agent Trustee from the remarketing of the Bonds by the Remarketing Agent, secondAgent or, 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, financial or otherwise, with respect to the purchase of Bonds or the making or continuation of arrangements therefor other than as expressly set forth in subsection (a) of this Section 4.65.09, except that the Issuer shall generally cooperate with the Company Company, the Credit Facility Issuer and the Remarketing Agent as contemplated by the Indenture.
Appears in 1 contract
Samples: Loan Agreement (Stratagene Corp)
Purchase of Bonds. (a) The In consideration of the issuance of the Bonds by the Issuer, but for the benefit of the Holders, the Company shall has agreed, and does hereby covenant, to cause the necessary arrangements to be made and to be thereafter continued whereby owners the Holders from time to time of the Bonds may deliver, or may be required to deliver Bonds for purchase and whereby such Bonds shall be so purchased. In furtherance of the foregoing covenant of the Company, the Issuer, at the direction request of the Company, has set forth in Article V of the Indenture Bonds the terms and conditions relating to the delivery of Bonds by the registered holders Holders thereof to the Remarketing Agent for purchase and purchase, has set forth in 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 BondsBonds and has therein provided for the appointment of the Tender Agent and Remarketing Agent. 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 Article V of the Indenture. Without limiting the generality of the foregoing covenant of the Company, and in consideration of the Issuer's having set forth in the Bonds and the Indenture the aforesaid provisions, the Company covenants, for the benefit of the owners of the BondsHolders, to provide for arrangements to pay, or cause to be paid, to the Trustee such amounts as shall be necessary to enable effect the Paying Agent to pay payment of the Purchase Price of the Bonds delivered to it for purchase or deemed delivered for purchase, all as more particularly described, described in the Indenture; provided, however, that the obligation of the Company 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) Notwithstanding the provisions of subsection (a) of this Section, the obligations of the Company 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 Company under subsection (a) of this Section, the Company 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 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, financial or otherwise, with respect to the purchase of Bonds or the making or continuation of arrangements therefor other than as expressly set forth in subsection (a) of this Section 4.611.7, except that the Issuer shall generally cooperate with the Company Company, the Tender Agent and the Remarketing Agent as contemplated by in Section 2.7 of the Indenture.
Appears in 1 contract
Samples: Loan Agreement (Sleepmaster LLC)