Common use of REESTABLISHMENT OF NORMAL UNITS Clause in Contracts

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Stock Purchase Date, by (i) depositing with the Collateral Agent the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to any Remarketing Period and ending on the third business day after the end of such Remarketing Period. Upon receipt of the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 7 contracts

Samples: Purchase Contract Agreement (Northrop Grumman Corp /De/), Purchase Contract Agreement (Ameren Corp), Purchase Contract Agreement (Motorola Inc)

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REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Stock Share Purchase Date, by (i) depositing with the Collateral Agent the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to the number of such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to the first day of any Remarketing Period and ending on the third business day Business Day after the end of such Remarketing Period. Upon receipt of the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 3 contracts

Samples: Purchase Contract Agreement (Platinum Underwriters Holdings LTD), Purchase Contract Agreement (Platinum Underwriters Holdings LTD), Purchase Contract Agreement (Platinum Underwriters Holdings LTD)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Stock Purchase Date, by (ia) depositing with the Collateral Agent the Notes Capital Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (and identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to such Stripped Units and (iib) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes Capital Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to the Remarketing Date or any Subsequent Remarketing Period Date, as the case may be, and ending on the third business day after the end of following such Remarketing Perioddates. Upon receipt of the Notes Capital Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (ia) above and the instruction described in clause (iib) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 2 contracts

Samples: Remarketing Agreement (Metlife Inc), Purchase Contract Agreement (Metlife Capital Trust I)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Stock Purchase Date, by (i) depositing with the Collateral Agent the Notes Capital Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (and identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes Capital Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth second Business Day prior to any the Initial Remarketing Period or any Subsequent Remarketing Period, as the case may be, and ending ending, if there is a Failed Remarketing, on the third business day after second Business Day following the end of such Initial Remarketing Period or any Subsequent Remarketing Period, as the case may be. If the remarketing is successful, the Holder may not reestablish Normal Units until the Business Day following the Initial Remarketing Date or any Subsequent Remarketing Date, as the case may be. Upon receipt of the Notes Capital Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 2 contracts

Samples: Purchase Contract Agreement (Prudential Financial Inc), Purchase Contract Agreement (Prudential Financial Inc)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to before the second Business Day immediately preceding the Stock Purchase Date, if a Tax Event has not occurred, by (ia) depositing with the Collateral Agent the Notes Trust Preferred Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (and identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to such Stripped Units and (iib) transferring such Stripped Units to the Purchase Contract Agent accompanied by a notice to the Purchase Contract Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes Trust Preferred Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Purchase Contract Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Purchase Contract Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to the Remarketing Date or any Subsequent Remarketing Period Date, as the case may be, and ending on the expiration of the third business day after the end of Business Day following such Remarketing Perioddates. Upon receipt of the Notes Trust Preferred Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (ia) above and the instruction described in clause (iib) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Purchase Contract Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Purchase Contract Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Raytheon Co/)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second seventh Business Day immediately preceding the Stock Purchase Date, by (i) depositing with the Collateral Agent the Notes in a principal amount or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to the number of such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant principal amount of Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Certificated Stripped Units bearing a Restricted Securities Legend shall, upon separation of the Pledged Treasury Security, result in the reestablishment of only certificated Normal Units bearing such legend and Stripped Units in the form of a Global Certificate shall, upon separation of the Pledged Treasury Security, result in the reestablishment of only Normal Units in the form of a Global Certificate. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods period beginning on the fourth Business Day prior to any the first day of the first or second Remarketing Period and ending on the third business day Business Day after the end of such Remarketing Period. Upon receipt of the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's ’s security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Unumprovident Corp)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Stock Purchase Date, by (i) depositing with the Collateral Agent the Notes Debentures or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes Debentures or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to the Remarketing Date or any Subsequent Remarketing Period Date, as the case may be, and ending on the third business day after the end of following such Remarketing Perioddates. Upon receipt of the Notes Debentures or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Anthem Inc)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Stock Purchase Date, by (i) depositing with the Collateral Agent the Notes Debentures or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to the number of such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes Debentures or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to the Remarketing Date or any Subsequent Remarketing Period Date, as the case may be, and ending on the third business day after the end of following such Remarketing Perioddates. Upon receipt of the Notes Debentures or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Anthem Inc)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units Except as otherwise provided in this Section 3.14 at any time from and after the date of this Agreement and on or prior to 10:00 a.m. (New York City time) on the second seventh Business Day immediately preceding the Stock Purchase Date, a Holder of Stripped Units shall have the right to reestablish Normal Units by (ix) depositing with transferring to the Collateral Agent the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest (as defined in clause (A) of the definition of such term) in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units)Portfolio, as the case may be, then comprising such number of Normal Units as is equal to such Stripped Units and (iiy) transferring delivering such Stripped Units to the Agent Units, accompanied by a notice to the Agentnotice, substantially in the form of Exhibit D hereto, to the Agent stating that the such Holder has transferred the relevant amount of Notes or Applicable Ownership Interests in the appropriate Treasury Consideration Portfolio to the Collateral Agent pursuant to this Section 3.14 and requesting that the Purchase Contract Agent instruct the Collateral Agent to release from the Pledge the Pledged Treasury Securities related to such Stripped Units, whereupon the Purchase Contract Agent shall give such instruction to the Collateral Agent substantially in the form provided in Exhibit C; provided, however, that if a Tax Event Redemption or a successful Remarketing has occurred and the Treasury Portfolio has become a component of the Normal Units, Holders of Stripped Units may make such substitution only in integral multiples of _________, at any time on or prior to the Business Day immediately preceding the Stock Purchase Date; provided further, however, that such a Holder of Stripped Units shall not have the right to reestablish Normal Units pursuant to this Section 3.14 on or after 10:00 a.m. (New York City time) (i) on the fourth Business Day immediately preceding the Initial Remarketing Date until the Business Day immediately following such Initial Remarketing Date; (ii) during any subsequent Remarketing Period until the Business Day immediately following such Remarketing Period; and (iii) on or after 10:00 a.m. (New York City time) on the seventh Business Day immediately preceding the Stock Purchase Date. Upon receipt of the Notes or Applicable Ownership Interest in the Treasury Portfolio, as the case may be, to from such Holder and the Collateral Agent and requesting that instruction from the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped UnitPurchase Contract Agent, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to any Remarketing Period and ending on the third business day after the end of such Remarketing Period. Upon receipt of the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, shall release the Collateral Agent will release to the Agent, on behalf of the Holder, Pledged Treasury Securities and shall promptly Transfer such Pledged Treasury Securities from the PledgeSecurities, free and clear of the Company's any lien, pledge or security interest thereincreated under the Pledge Agreement to the Purchase Contract Agent, and upon receipt thereof thereof, the Purchase Contract Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Toys R Us Inc)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to before the second Business Day immediately preceding the Stock Purchase Contract Settlement Date, if a Special Event Redemption has not occurred, by (ia) depositing with the Collateral Agent the Notes Trust Preferred Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (and identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to such Stripped Units and (iib) transferring such Stripped Units to the Purchase Contract Agent accompanied by a notice to the Purchase Contract Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes Trust Preferred Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Purchase Contract Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Purchase Contract Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to the Remarketing Date or any Subsequent Remarketing Period Date, as the case may be, and ending on the expiration of the third business day after the end of Business Day following such Remarketing Perioddates. Upon receipt of the Notes Trust Preferred Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (ia) above and the instruction described in clause (iib) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Purchase Contract Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the CompanyTECO's security interest therein, and upon receipt thereof the Purchase Contract Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Teco Energy Inc)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second seventh Business Day immediately preceding the Stock Purchase Date, by (i) depositing with the Collateral Agent the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then 33 comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to the number of such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods period beginning on the fourth Business Day prior to any the first day of the first or second Remarketing Period and ending on the third business day Business Day after the end of such Remarketing Period. Upon receipt of the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Unumprovident Corp)

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REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from (i) on or prior to the fifth Business Day immediately preceding the Stock Purchase Date, if a Tax Event Redemption has not occurred, and after the date of this Agreement and (ii) on or prior to the second Business Day immediately preceding the Stock Purchase Date, if a Tax Event Redemption has occurred, in each case, by (ia) depositing with the Collateral Agent the Notes Preferred Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (and identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to such Stripped Units and (iib) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes Preferred Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods period beginning on the fourth Business Day prior to the Remarketing Date or any Subsequent Remarketing Period Date, as the case may be, and ending at 5:00 p.m., New York City time, on the third business day after the end of Business Day following such Remarketing Perioddates. Upon receipt of the Notes Preferred Securities or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (ia) above and the instruction described in clause (iib) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Boise Cascade Corp)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Stock Purchase Date, by (i) depositing with the Collateral Agent the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to the number of such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to the first day of any Remarketing Period and ending on the third business day Business Day after the end of such Remarketing Period. Upon receipt of the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Household International Inc)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second fourth Business Day immediately preceding the Stock Purchase Date, by (i) depositing with the Collateral Agent the Notes Debentures or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to the number of such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes Debentures or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to the Remarketing Date or any Subsequent Remarketing Period Date, as the case may be, and ending on the third business day after the end of Business Day following such Remarketing Perioddates. Upon receipt of the Notes Debentures or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Solectron Corp)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second seventh Business Day immediately preceding the Stock Purchase Date, by (i) depositing with the Collateral Agent the Notes in a principal amount or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to the number of such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant principal amount of Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods period beginning on the fourth Business Day prior to any the first day of the first or second Remarketing Period and ending on the third business day Business Day after the end of such Remarketing Period. Upon receipt of the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Union Planters Corp)

REESTABLISHMENT OF NORMAL UNITS. (a) A Except as otherwise provided in this Section 3.14, a Holder of Stripped Units may shall have the right to reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Stock Purchase Date, by (ix) depositing with transferring to the Collateral Agent the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest (as defined in clause (A) of the definition of such term) in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units)Portfolio, as the case may be, then comprising such number of Normal Units as is equal to such Stripped Units and (iiy) transferring delivering such Stripped Units to the Agent Units, accompanied by a notice to the Agentnotice, substantially in the form of Exhibit D hereto, to the Agent stating that the such Holder has transferred the relevant amount of Notes or Applicable Ownership Interests in the appropriate Treasury Consideration Portfolio to the Collateral Agent pursuant to this Section 3.14 and requesting that the Agent instruct the Collateral Agent to release from the Pledge the Pledged Treasury Securities related to such Stripped Units, whereupon the Agent shall give such instruction to the Collateral Agent substantially in the form provided in Exhibit C; provided, however, that if a Tax Event Redemption or a successful Remarketing has occurred and the Treasury Portfolio has become a component of the Normal Units, Holders of Stripped Units may make such substitution only in integral multiples of Stripped Units such that the Applicable Ownership Interest in the Treasury Portfolio to be deposited and the Treasury Securities to be released are in integral multiples of $1,000, at any time on or prior to the Business Day immediately preceding the Stock Purchase Date. Notwithstanding the foregoing, a Holder of Stripped Units shall not have the right to reestablish Normal Units pursuant to this Section 3.14 after 10:00 a.m. (New York City time): (i) on the fourth Business Day immediately preceding the Initial Remarketing Date until the Business Day immediately following such Initial Remarketing Date; (ii) on the fourth Business Day immediately preceding the first day of the Subsequent Remarketing Period beginning on June 16, 2005 or July 14, 2005 until the Business Day immediately following such Remarketing Period; and (iii) on the tenth Business Day immediately preceding the Stock Purchase Date. Upon receipt of the Notes or Applicable Ownership Interest in the Treasury Portfolio, as the case may be, to from such Holder and the Collateral Agent and requesting that instruction from the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped UnitAgent, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to any Remarketing Period and ending on the third business day after the end of such Remarketing Period. Upon receipt of the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, shall release the Collateral Agent will release to the Agent, on behalf of the Holder, Pledged Treasury Securities and shall promptly Transfer such Pledged Treasury Securities from the PledgeSecurities, free and clear of the Company's any lien, pledge or security interest thereincreated under the Pledge Agreement to the Agent, and upon receipt thereof thereof, the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Toys R Us Inc)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second Business Day immediately preceding the Stock Purchase Date, by (i) depositing with the Collateral Agent the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant amount of Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods beginning on the fourth Business Day prior to any the Remarketing Period [or any Subsequent Remarketing Date, as the case may be,] and ending on the third business day after the end of such Remarketing Period. Upon receipt of the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Motorola Inc)

REESTABLISHMENT OF NORMAL UNITS. (a) A Holder of Stripped Units may reestablish Normal Units at any time from and after the date of this Agreement and on or prior to the second seventh Business Day immediately preceding the Stock Purchase Date, by (i) depositing with the Collateral Agent the Notes in a principal amount or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury Portfolio (identified and calculated by reference to the Treasury Consideration then comprising Normal Units), as the case may be, then comprising such number of Normal Units as is equal to the number of such Stripped Units and (ii) transferring such Stripped Units to the Agent accompanied by a notice to the Agent, substantially in the form of Exhibit D hereto, stating that the Holder has transferred the relevant principal amount of Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, to the Collateral Agent and requesting that the Agent instruct the Collateral Agent to release the Pledged Treasury Securities underlying such Stripped Unit, whereupon the Agent shall promptly give such instruction to the Collateral Agent, substantially in the form of Exhibit C hereto. Notwithstanding the foregoing, a Holder may not reestablish Normal Units during the periods period beginning on the fourth Business Day prior to any the first day of the first or second Remarketing Period and ending on the third business day Business Day after the end of such Remarketing Period. Upon receipt of the Notes or the appropriate Treasury Consideration or Applicable Ownership Interest in the Treasury PortfolioConsideration, as the case may be, described in clause (i) above and the instruction described in clause (ii) above, in accordance with the terms of the Pledge Agreement, the Collateral Agent will release to the Agent, on behalf of the Holder, such Pledged Treasury Securities from the Pledge, free and clear of the Company's ’s security interest therein, and upon receipt thereof the Agent shall promptly:

Appears in 1 contract

Samples: Purchase Contract Agreement (Unumprovident Corp)

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