Qualifications of Remarketing Agent. The Remarketing Agent shall be an entity which is a member in good standing of the National Association of Securities Dealers, Inc. and shall be authorized by law to perform all the duties imposed upon it by this Indenture and the Remarketing Agreement. The Remarketing Agent may at any time resign and be discharged of the duties and obligations created by this Indenture and the Remarketing Agreement by giving at least thirty (30) days’ notice to the Issuer, the Bank, the Borrower, and the Trustee. The Remarketing Agent may be removed upon sixty (60) days= notice, at the direction of the Borrower, with the prior written consent of the Bank, by an instrument, signed by the Issuer, filed with the Remarketing Agent, the Bank, the Borrower and the Trustee. In the event that the Issuer shall fail to appoint a Remarketing Agent hereunder, or in the event that the Remarketing Agent shall resign or be removed, or be dissolved, or if the property or affairs of the Remarketing Agent shall be taken under the control of any state or Federal court or administrative body because of bankruptcy or insolvency, or for any other reason, and the Issuer shall not have appointed its successor as Remarketing Agent, the Borrower, with the consent of the Bank shall appoint a successor Remarketing Agent and until a successor Remarketing Agent is appointed the Trustee but only upon its receipt of actual notice of such resignation, removal or dissolution shall ipso facto be deemed to be the Remarketing Agent for all purposes of this Indenture; however, if no successor Remarketing Agent has been appointed for a period of thirty (30) days, the Trustee shall apply to a court of competent jurisdiction for the appointment of a successor Remarketing Agent.
Qualifications of Remarketing Agent. The Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. and authorized by law to perform all the duties imposed upon it by this Indenture.
Qualifications of Remarketing Agent. The Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. and shall meet such capitalization and/or credit requirements as are acceptable to the Rating Agency, and authorized by law to perform all the duties imposed upon it by this Indenture. The Remarketing Agent may at any time resign and be discharged of the duties and obligations created by this Indenture by giving at least 30 days' written notice to the Issuer, the Borrower, the Tender Agent, the Trustee and the Credit Enhancer. The Remarketing Agent may be removed at any time, without cause, upon at least 30 days' written notice to the Remarketing Agent, at the direction of the Credit Enhancer or the Borrower by an instrument signed by an Authorized Borrower Representative, with the written consent of the Credit Enhancer, filed with the Trustee, the Credit Enhancer, the Tender Agent, the Issuer and the Remarketing Agent. In no event shall the resignation or removal of the Remarketing Agent be effective until a qualified successor has accepted appointment as such. In the event of the resignation or removal of the Remarketing Agent, the Remarketing Agent shall pay over, assign and deliver any moneys and Bonds held by it in such capacity to its successor. In the event that the Issuer shall fail to appoint a replacement Remarketing Agent hereunder, the Credit Enhancer with the written consent of the Borrower, or the Borrower with the written consent of the Credit Enhancer, may do so. [End of Article III]
Qualifications of Remarketing Agent. 56 Section 11.02 Successor Remarketing Agent by Merger, Consolidation, Etc................................... 56
Qualifications of Remarketing Agent. Any Remarketing Agent appointed pursuant to the provisions of Section 3.04 of this Indenture shall be, if there be such an institution willing, qualified and able to accept the duties of the Remarketing Agent upon customary terms, a member of the National Association of Securities Dealers, Inc., a bank or trust company or any entity rated Baa3/Prime-3 or better, within or without the State, in good standing and having reported capital and surplus of not less than $10,000,000 and rated Baa3/Prime-3 or better by Moody's (or a substantially equivalent rating by S&P). Any such Remarxxxxxx Agent shall have an office in the State and shall be reasonably acceptable to the Trustee. Written notice of such appointment shall be given by the Company to the Trustee.
Qualifications of Remarketing Agent. Resignation; Removal 57 Section 9.10 .......Construction of Ambiguous Provisions 58 ARTICLE X ........
Qualifications of Remarketing Agent. The Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. and authorized by law to perform all the duties imposed upon it by this Indenture. The Remarketing Agent may at any time resign and be discharged of its duties and obligations created by this Indenture by giving at least thirty (30) Business Days' notice to the Issuer, the Borrower and the Trustee or such shorter period as the Issuer, the Borrower, the Trustee and the Remarketing Agent agree. No resignation of the Remarketing Agent, however, shall become effective until a successor Remarketing Agent has been appointed and accepted such appointment as provided in Section 4.08 hereof.
Qualifications of Remarketing Agent. Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. or be a banking corporation or trust company, having a capitalization of at least $10,000,000 and shall be authorized by law to perform all the duties imposed upon it by this Indenture. Remarketing Agent may at any time resign and be discharged of the duties and obligations created by this Indenture by giving at least 30 days’ notice to Borrower, Credit Issuer, Tender Agent, Trustee, S&P and Xxxxx’x, to the extent each rating agency is then rating the Notes. With the prior written consent of Credit Issuer, Borrower may remove Remarketing Agent at any time by an instrument signed by Borrower and filed with Remarketing Agent, Credit Issuer, Tender Agent and Trustee. Borrower, with the written consent and approval of Credit Issuer, shall appoint a successor Remarketing Agent. Remarketing Agent shall designate to Trustee its principal office and signify its acceptance of the duties and obligations imposed on it hereunder by a written instrument of acceptance delivered to Borrower and Trustee and Tender Agent under which Remarketing Agent will agree to perform the obligations of Remarketing Agent set forth in Section 8.09 hereof. The initial Remarketing Agent is Xxxxxxxxx & Company LLC.
Qualifications of Remarketing Agent. Any successor Remarketing Agent shall be an institution authorized by law to perform all the duties imposed upon it under this Indenture and the Remarketing Agreement. [Balance of page left blank]
Qualifications of Remarketing Agent. The Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. having excess net capital (as defined in Rule l5c-3 of the Securities Exchange Act of 1934, as amended) of at least $25,000,000 or, in the alternative, a national banking association having a combined capital stock, surplus and undivided profits of at least $100,000,000 and shall be an institution authorized by law to perform all the duties imposed upon it by this Indenture and the Remarketing Agreement.
