Common use of Remarketing Procedures Clause in Contracts

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. (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 PeriodDate. Upon written instruction of the Depositor (accompanied by a written notice prepared in accordance with the requirements of this Section 5.18)Depositor, the Property Trustee will give holders of Normal PPS WITS and Capital PPSWITS, and will request that the Clearing Agency give to its participants holding Normal PPS WITS or Capital PPSWITS, notice of a Remarketing at least 21 days prior to the first day of the related Remarketing PeriodDate. 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 Remarketing Settlement Date, the applicable interest payment dates and related record dates; (ivii) 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 3.2 of the Indenture Supplement); (viii) whether in connection with an Early Remarketing that is not the first scheduled Remarketing, the Depositor’s obligations under the Notes will no longer be remain subordinated to Senior Debt and no longer be subject to deferral (as defined in the Indenture) after the Stock Purchase Remarketing Settlement 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; (viiiiv) any other changes in the terms of the Notes notified by the Depositor in connection with such Remarketing pursuant to Section 4.2 3.2 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 3.2 of the Indenture Supplement)); (v) the procedures a Holder of Normal WITS must follow to elect to exchange its Normal WITS for Stripped WITS and Capital WITS if the Remarketing is Successful, and the date by which such election must be made; and

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 PCS and Capital PPSPCS, and will request that the Clearing Agency give to its participants holding Normal PPS PCS or Capital PPSPCS, 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 Remarketing Settlement Date and Stock Purchase Date in the event the Remarketing is Successfulsuccessful; (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 Remarketing Settlement Date, the applicable interest payment dates and related record dates; (iviii) 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 3.2 of the Indenture Supplement); (viv) whether whether, in connection with an Early Remarketing that is not the first scheduled Remarketing, the Depositor’s obligations under the Notes will no longer be subordinated to Senior Debt (as defined in the Indenture) and no longer be subject to deferral after the Stock Purchase Remarketing Settlement 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; (viiiv) any other changes in the terms of the Notes notified by the Depositor in connection with such Remarketing pursuant to Section 4.2 3.2 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 3.2 of the Indenture Supplement)); (vi) the procedures a Holder of Normal PCS must follow to elect to exchange its Normal PCS for Stripped PCS and Capital PCS if the Remarketing is Successful, and the date by which such election must be made; and (vii) the procedures a Holder of Capital PCS must follow to elect to dispose of its Capital PCS in connection with a Remarketing and the date by which such election must be made. TRUST AGREEMENT

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 PCS and Capital PPSPCS, and will request that the Clearing Agency give to its participants holding Normal PPS PCS or Capital PPSPCS, 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 Remarketing Settlement Date and Stock Purchase Date in the event the Remarketing is Successfulsuccessful; (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 Remarketing Settlement Date, the applicable interest payment dates and related record dates; (iviii) 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 3.2 of the Indenture Supplement); (viv) whether whether, in connection with an Early Remarketing that is not the first scheduled Remarketing, the Depositor’s obligations under the Notes will no longer be subordinated to Senior Debt (as defined in the Indenture) and no longer be subject to deferral after the Stock Purchase Remarketing Settlement 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; (viiiv) any other changes in the terms of the Notes notified by the Depositor in connection with such Remarketing pursuant to Section 4.2 3.2 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 3.2 of the Indenture Supplement)); (vi) the procedures a Holder of Normal PCS must follow to elect to exchange its Normal PCS for Stripped PCS and Capital PCS if the Remarketing is Successful, and the date by which such election must be made; and (vii) the procedures a Holder of Capital PCS must follow to elect to dispose of its Capital PCS in connection with a Remarketing and the date by which such election must be made.

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 PeriodDate. Upon written instruction of the Depositor (accompanied by a written notice prepared in accordance with the requirements of this Section 5.18)Depositor, the Property Trustee will give holders of Normal PPS ITS and Capital PPSITS, and will request that the Clearing Agency give to its participants holding Normal PPS ITS or Capital PPSITS, notice of a Remarketing at least 21 days prior to the first day of the related Remarketing PeriodDate. 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 Remarketing Settlement Date, the applicable interest payment dates and related record dates; (ivii) 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 3.2 of the Indenture Supplement); (viii) whether in connection with an Early Remarketing that is not the first scheduled Remarketing, the Depositor’s obligations under the Notes will no longer be remain subordinated to Senior Debt and no longer be subject to deferral (as defined in the Indenture) after the Stock Purchase Remarketing Settlement 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; (viiiiv) any other changes in the terms of the Notes notified by the Depositor in connection with such Remarketing pursuant to Section 4.2 3.2 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 Agreement Trust will have the right to redeem the Notes other than pursuant to a Special Event (which is subject to Section 4.2 3.2 of the Indenture Supplement)); (v) the procedures a Holder of Normal ITS must follow to elect to exchange its Normal ITS for Stripped ITS and Capital ITS if the Remarketing is Successful, and the date by which such election must be made; and (vi) the procedures a Holder of Capital ITS must follow to elect to dispose of its Capital ITS in connection with a Remarketing and the date by which such election must be made.

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 PeriodDate. Upon written instruction of the Depositor (accompanied by a written notice prepared in accordance with the requirements of this Section 5.18)Depositor, the Property Trustee will give holders of Normal PPS ITS and Capital PPSITS, and will request that the Clearing Agency give to its participants holding Normal PPS ITS or Capital PPSITS, notice of a Remarketing at least 21 days prior to the first day of the related Remarketing PeriodDate. 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 Remarketing Settlement Date, the applicable interest payment dates and related record dates; (ivii) 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 3.2 of the Indenture Supplement); (viii) whether in connection with an Early Remarketing that is not the first scheduled Remarketing, the Depositor’s obligations under the Notes will no longer be remain subordinated to Senior Debt and no longer be subject to deferral (as defined in the Indenture) after the Stock Purchase Remarketing Settlement 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; (viiiiv) any other changes in the terms of the Notes notified by the Depositor in connection with such Remarketing pursuant to Section 4.2 3.2 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 3.2 of the Indenture Supplement)); (v) the procedures a Holder of Normal ITS must follow to elect to exchange its Normal ITS for Stripped ITS and Capital ITS if the Remarketing is Successful, and the date by which such election must be made; and (vi) the procedures a Holder of Capital ITS must follow to elect to dispose of its Capital ITS in connection with a Remarketing and the date by which such election must be made.

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 APEX and Capital PPSAPEX, and will request that the Clearing Agency give to its participants holding Normal PPS APEX or Capital PPSAPEX, 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 Remarketing Settlement Date and Stock Purchase Date in the event the Remarketing is Successfulsuccessful; (ii) the applicable Distribution Dates and record dates for Distributions on the Normal PPS and Capital PPS; (iii) for interest periods for the Notes Junior Subordinated Debentures commencing on or after the Stock Purchase Remarketing Settlement Date, the applicable interest payment dates and related record dates; (iviii) any change in the stated maturity date of the Notes Junior Subordinated Debentures and, if applicable, the date on and after which the Depositor will have the right to redeem the Notes Junior Subordinated Debentures other than pursuant to a Special Event (which is subject to Section 4.2 of the Indenture Supplement); (viv) whether the Depositor’s obligations under the Notes Junior Subordinated Debentures will no longer be subordinated to Senior Debt Indebtedness (as defined in the Indenture) and no longer be subject to deferral after the Stock Purchase Remarketing Settlement 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; (viiiv) any other changes in the terms of the Notes Junior Subordinated Debentures 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 Junior Subordinated Debentures other than pursuant to a Special Event (which is subject to Section 4.2 of the Indenture Supplement)); (vi) the procedures a Holder of Normal APEX must follow to elect to exchange its Normal APEX for Stripped APEX and Capital APEX if the Remarketing is Successful, and the date by which such election must be made; and (vii) the procedures a Holder of Capital APEX must follow to elect to dispose of its Capital APEX in connection with a Remarketing and the date by which such election must be made.