Common use of Renewed Remarketing Clause in Contracts

Renewed Remarketing. If a Remarketing has occurred pursuant to Section 10.02 that would be a Failed Remarketing pursuant to Section 10.02(e), because the purchase and sale of the Subordinated Notes do not take place on the corresponding Remarketing Settlement Date, and the reason for such failure shall, in the good faith determination of the Remarketing Agent, result from facts or circumstances that are not due to the action or inaction of the Company, then the provisions of Section 10.02 shall apply to a second remarketing (a "RENEWED REMARKETING") of the Subordinated Notes, except that the Expected Reset Date shall be the sixth Business Day following such corresponding Remarketing Settlement Date; provided that upon the occurrence of a Failed Remarketing pursuant to Section 10.02, only one Renewed Remarketing may occur pursuant to this Section 10.04, and no Renewed Remarketing shall occur after the Final Reset Date.

Appears in 1 contract

Samples: Secondary Purchase Agreement (Hercules Inc)

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Renewed Remarketing. If a Remarketing has occurred pursuant to Section 10.02 5 that would be a Failed Remarketing pursuant to Section 10.02(e5(e), because the purchase and sale of the Subordinated Notes do not take place on the corresponding Remarketing Settlement Date, and the reason for such failure shall, in the good faith determination of the Remarketing Agent, result from facts or circumstances that are not due to the action or inaction of the Company, then the provisions of Section 10.02 5 shall apply to a second remarketing (a "RENEWED REMARKETING") of the Subordinated Notes, except that the Expected Reset Date shall be the sixth Business Day following such corresponding Remarketing Settlement Date; provided that upon the occurrence of a Failed Remarketing pursuant to Section 10.02, only one Renewed Remarketing may occur pursuant to this Section 10.047, and no Renewed Remarketing shall occur after the Final Reset Date.

Appears in 1 contract

Samples: Remarketing and Contingent Purchase Agreement (Allied Capital Corp)

Renewed Remarketing. If a Remarketing has occurred pursuant to Section 10.02 8.02 that would be a Failed Remarketing pursuant to Section 10.02(e8.02(e), because the purchase and sale of the Subordinated Senior Notes do not take place on the corresponding Remarketing Settlement Date, and the reason for such failure shall, in the good faith determination of the Remarketing Agent, result from facts or circumstances that are not due to the action or inaction of the Company, then the provisions of Section 10.02 8.02 shall apply to a second remarketing (a "RENEWED REMARKETINGRenewed Remarketing") of the Subordinated Senior Notes, except that the Expected Reset Date shall be the sixth Business Day following such corresponding Remarketing Settlement Date; provided that upon the occurrence of a Failed Remarketing pursuant to Section 10.028.02, only one Renewed Remarketing may occur pursuant to this Section 10.048.04, and no Renewed Remarketing shall occur after the Final Reset Date.

Appears in 1 contract

Samples: Supplemental Indenture (Mutual Risk Management LTD)

Renewed Remarketing. If a Remarketing has occurred pursuant to Section 10.02 6.02 that would be a Failed Remarketing pursuant to Section 10.02(e6.02(e), because the purchase and sale of the Subordinated Notes Preferred Securities do not take place on the corresponding Remarketing Settlement Date, and the reason for such failure shallfailure, in the good faith determination of the Remarketing Agent, result results from facts or circumstances that are not due to other than the action or inaction of the CompanySponsor, then the provisions of Section 10.02 6.02 shall apply to a second remarketing (a "RENEWED REMARKETING") of the Subordinated NotesPreferred Securities, except that the Expected Reset Date shall be the sixth Business Day following such corresponding Remarketing Settlement Date; provided that upon the occurrence of a Failed Remarketing pursuant to Section 10.026.02(e), only one Renewed Remarketing may occur pursuant to this Section 10.046.04, and no Renewed Remarketing shall occur after the Final Reset Date.

Appears in 1 contract

Samples: Trust Agreement (Hercules Inc)

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Renewed Remarketing. If a Remarketing has occurred pursuant to Section 10.02 6.02 that would be a Failed Remarketing pursuant to Section 10.02(e6.02(e), because the purchase and sale of the Subordinated Notes Preferred Securities do not take place on the corresponding Remarketing Settlement Date, and the reason for such failure shallfailure, in the good faith determination of the Remarketing AgentAgent (made after consultation with the Sponsor), result results from facts or circumstances that are not due to other than the action or inaction of the CompanySponsor, then the provisions of Section 10.02 6.02 shall apply to a second remarketing (a "RENEWED REMARKETINGRenewed Remarketing") of the Subordinated NotesPreferred Securities, except that the Expected Reset Date shall be the sixth Business Day following such corresponding Remarketing Settlement Date; provided that upon the occurrence of a Failed Remarketing pursuant to Section 10.026.02(e), only one Renewed Remarketing may occur pursuant to this Section 10.046.04, and no Renewed Remarketing shall occur after the Final Reset Date.

Appears in 1 contract

Samples: Trust Agreement (Mutual Risk Management LTD)

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