Remarketing Procedures. (a) The Stock Purchase Contract Agreement provides that the Company shall give Holders (as defined therein) of Common Equity Units, and the Company shall give Holders of Separate Notes notice of a Remarketing at least thirty (30) Business Days before the related Applicable Stock Purchase Date. Such notice shall set forth:
(i) the procedures a beneficial owner must follow if it holds its Notes as a component of a Normal Common Equity Unit to elect not to participate in such Remarketing, and the date by which such election must be made;
(ii) the procedures a beneficial owner must follow if it holds Separate Notes to elect to participate in such Remarketing; and
(iii) if the Applicable Stock Purchase Date corresponding to such Remarketing is the Second Delayed Stock Purchase Date, the procedures a beneficial owner of Normal Common Equity Units must follow in the event such Remarketing is a Failed Remarketing in order to elect not to exercise its Put Right.
(b) On each Remarketing Settlement Date, each outstanding Note forming part of a Normal Common Equity Unit will be tendered or deemed tendered to the applicable Remarketing Agent for Remarketing unless the Holder thereof elects not to participate in such Remarketing. Each Holder of Notes forming part of a Normal Common Equity Unit, by purchasing such Common Equity Unit, agrees to have such Notes remarketed in any Remarketing (unless such Holder elects not to participate in such Remarketing as provided in the Indenture and in the Stock Purchase Contract Agreement and Pledge Agreement) and authorizes the applicable Remarketing Agent to take any and all actions on its behalf necessary to effect such Remarketing. Each Holder of Notes forming part of a Normal Common Equity Unit shall have the right to elect not to have such Notes sold pursuant to a Remarketing, which right may be exercised by electing, no later than the close of business on the eleventh (11th) Business Day immediately before the Applicable Stock Purchase Date of such Remarketing, Cash Settlement to apply to such Normal Common Equity Unit in accordance with, and subject to, Section 5.2(b) of the Stock Purchase Contract Agreement and Section 5.6 of the Pledge Agreement.
(c) Each Holder of Separate Notes may elect to have such Separate Notes remarketed in any Remarketing by notifying the Custodial Agent and delivering such Separate Notes to the Custodial Agent before the close of business on the twenty fifth (25th) Business Day immediately before t...
Remarketing Procedures. (a) The Depositor will give written notice to the Property Trustee of a Remarketing at least 28 days prior to the first day of the related Remarketing Period. Upon written instruction of the Depositor (accompanied by a written notice prepared in accordance with the requirements of this Section 5.18), the Property Trustee will give holders of Normal PPS and Capital PPS, and will request that the Clearing Agency give to its participants holding Normal PPS or Capital PPS, notice of a Remarketing at least 21 days prior to the first day of the related Remarketing Period. Such notices will set forth:
(i) the beginning and ending dates of the Remarketing Period and the applicable Stock Purchase Date in the event the Remarketing is Successful;
(ii) the applicable Distribution Dates and record dates for Distributions on the Normal PPS and Capital PPS;
(iii) for interest periods for the Notes commencing on or after the Stock Purchase Date, the applicable interest payment dates and related record dates;
(iv) any change in the stated maturity date of the Notes and, if applicable, the date on and after which the Depositor will have the right to redeem the Notes other than pursuant to a Special Event (which is subject to Section 4.2 of the Indenture Supplement);
(v) whether the Depositor’s obligations under the Notes will no longer be subordinated to Senior Debt and no longer be subject to deferral after the Stock Purchase Date;
(vi) whether the Notes are being remarketed in the form of New Trust Preferred Securities;
(vii) whether the Depositor intends to list the Notes (or the New Trust Preferred Securities) on a securities exchange or market if the Remarketing is Successful;
(viii) any other changes in the terms of the Notes notified by the Depositor in connection with such Remarketing pursuant to Section 4.2 of the Indenture Supplement (including on a Final Remarketing that is a Failed Remarketing, any change in the Stated Maturity Date (as defined in the Indenture) and, if applicable, the date on or after which the Issuer Trust will have the right to redeem the Notes other than pursuant to a Special Event (which is subject to Section 4.2 of the Indenture Supplement));
Remarketing Procedures. The provisions of this Part II of Section 12.1 and other provisions of these Bylaws describe the procedures pursuant to which the Applicable Dividend Rate shall, except as otherwise provided in these Bylaws, be determined for any Dividend Period for any series of RP. In the event that any of the Remarketing Agents, Paying Agent, Securities Depository, Agent Members and Beneficial Owners fail for any reason to perform any of the acts or obligations to be performed by him or it as described herein, then no Holder or Beneficial Owner of any shares of such series of RP shall have any right in respect thereof against the Trust or any Trustee or officer of the Trust, and the sole obligation of the Trust in respect of the determination of the amount and the payment of any dividend shall be to pay to the Holders of such series of RP as shown on the share transfer books of the Trust from time to time dividends as determined in accordance with the terms of this Part II of Section 12.1 and any other applicable provisions of these Bylaws. Notwithstanding any provision of these Bylaws, the Trust shall have no obligation at any time to provide notice (other than to the Remarketing Agents, the Paying Agent, the Securities Depository, S&P and Moodx'x), xr to make any payment (in respect of any dividend or otherwise), to any person other than the Holders of the shares of RP shown on the share transfer books of the Trust from time to time, and the providing of any notice or the payment of any amount to such Holders (or to such other entities) shall discharge in full for all purposes (including without limitation as against all Beneficial Owners of any shares of RP) the Trust's obligation to provide any notice or to make any payment.
Remarketing Procedures. Pursuant to an Optional Tender, Beneficial Owners may elect to tender their VRDP Shares (in one or more whole shares) for purchase at the Purchase Price on the Purchase Date designated in a Notice of Tender (or, if such day is not a Business Day, on the next succeeding Business Day) by a proper delivery of a Notice of Tender to the Tender and Paying Agent. Each Notice of Tender shall be irrevocable (except as provided below) and effective upon receipt by the Tender and Paying Agent and shall:
Remarketing Procedures. With respect to each Note for which there is to be established an interest rate from time to time by a Remarketing Agent responsible for the remarketing thereof, such interest rate shall be set in accordance with the procedures of paragraphs (i) and (ii) below. (i)
Remarketing Procedures. (a) Pursuant to the Remarketing Agreement, the Pledge Agreement and the Purchase Contract Agreement and as described below, the Company (i) may, at its option, and in its sole discretion, elect to cause the Remarketing Agent to remarket, in whole (but not in part), during one or more Three-Day Remarketing Periods during the Period for Early Remarketing, (A) the Pledged Notes of Income PRIDES holders who have not already settled the purchase contracts included in their Income PRIDES, and (B) any Separate Notes of Holders who have elected in the manner set forth herein to have their Notes so remarketed, for settlement on the third Business Day following an Early Remarketing Date on which a successful remarketing occurs, and (ii) unless the Notes have been successfully remarketed or a Special Event Redemption Date has occurred or will occur on or prior to the Purchase Contract Settlement Date, during the Final Three-Day Remarketing Period, cause the Remarketing Agent to remarket, in whole (but not in part), (A) the Pledged Notes of Income PRIDES holders who have not already settled the purchase contracts included in their Income PRIDES and who have failed to notify the Purchase Contract Agent, on or prior to the seventh Business Day immediately preceding the Purchase Contract Settlement Date, of their intention to settle such purchase contracts in cash, and (B) any Separate Notes of Holders who have elected in the manner set forth herein to have their Notes so remarketed, for settlement on the Purchase Contract Settlement Date. Notwithstanding anything contained herein to the contrary, following a successful remarketing, there shall be no more remarketings of the Notes.
(b) The Company will request, not later than seven nor more than 15 calendar days prior to each Remarketing Announcement Date, that the Depositary (or any successor or its nominee) notify the Depositary participants holding Notes of the remarketing.
(c) On each Remarketing Announcement Date, the Company will announce (the "Remarketing Announcement") the proposed remarketing of the Notes. The Remarketing Announcement shall specify the following:
(i) that the Notes may be remarketed on any and all of the possible Remarketing Dates of the forthcoming Three-Day Remarketing Period, which dates shall be the fourth, fifth and sixth Business Days following such Remarketing Announcement Date;
(ii) (A) if the Remarketing Announcement relates to a remarketing to occur during the Period for Early Remarket...
Remarketing Procedures. With respect to each Note for which there is to be established an interest rate from time to time by a Remarketing Agent responsible for the remarketing thereof, such interest rate shall be set in accordance with the procedures of paragraphs (i) and (ii) below.
Remarketing Procedures of the Trust Agreement sets forth the Remarketing Procedures to determine the applicable Fixed Rate for the Preferred Securities. If the Trust is terminated and the Series B Debentures are distributed to the holders of the Preferred Securities subject to Section 103 herein, the below described Remarketing Procedures will be applicable to the Series B Debentures.
Remarketing Procedures. 92 Section 16.04.
Remarketing Procedures. 22 -ii- 4 FORM OF FIRST SUPPLEMENTAL INDENTURE, dated as of August __, 1998 (the "First Supplemental Indenture"), between Lincoln National Corporation, a corporation duly organized and existing under the laws of the State of Indiana, (the "Company"), and The First National Bank of Chicago, as trustee (the "Trustee").
