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. (a) The Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc., having a capitalization of at least $30,000,000 and authorized by law to perform all the duties imposed upon it by this Agreement. The Remarketing Agent may at any time resign and be discharged of the duties and obligations created by this Agreement by giving at least sixty (60) days' notice to the Authority, the Trustee, the Paying Agent, the Tender Agent and the Company. The Remarketing Agent may be removed at any time by the Company, by an instrument, signed by an Authorized Officer of the Company, filed with the Remarketing Agent, the Authority, the Trustee, the Tender Agent and the Paying Agent.
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. 55 Section 11.02 Successor Remarketing Agent by Merger, Consolidation, Etc....................................55
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. 55 Section 8.24. Several Capacities ...................................................................... 55 Section 8.25. Appointment of Co-Trustee ............................................................... 55 ARTICLE IX EXECUTION OF INSTRUMENTS BY OWNERS AND PROOF OF OWNERSHIP OF BONDS ................................................................................. 57 ARTICLE X INVESTMENTS ..................................................................................................... 58 ARTICLE XII DEFEASANCE ...................................................................................................... 59
Qualifications of Remarketing Agent. The Remarketing Agent and any successor Remarketing Agent will be either a national banking association, a commercial bank or a trust company, an investment banking company, or any other corporation acceptable to Moodx'x xx the Bonds are rated by Moodx'x xx any other corporation acceptable to S&P if the Bonds are rated by S&P, 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' notice to the Issuer, the Company, the Paying Agent and the Trustee. The Remarketing Agent may be removed on 30 days' prior written notice, at the direction of the Company, by an instrument, signed by the Company and filed with the Remarketing Agent and the Trustee. If the Remarketing Agent resigns or is removed, the Remarketing Agent will pay over, assign and deliver any moneys and Bonds held by it in such capacity to its successor or, if no successor is appointed under the paragraph below, to the Trustee until such time as a successor is appointed. If the Remarketing Agent fails to remarket the Bonds or resigns or is removed pursuant to the provisions of this Indenture during any period for which the remarketing and operations fee has been prepaid, an appropriate pro-rata adjustment to the remarketing and operations fee shall be made pursuant to the provisions of the Placement and Remarketing Agreement.
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.
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]
