Common use of Successful Remarketing Clause in Contracts

Successful Remarketing. In the event of a Successful Remarketing, the Collateral Agent shall, at the written direction of the Company, instruct the Securities Intermediary to (i) Transfer the applicable Pledged Trust Preferred Securities to the Remarketing Agent upon confirmation of deposit by the Remarketing Agent of the Proceeds of such Successful Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) in the applicable Collateral Account, (ii) apply an amount equal to the aggregate Purchase Price for the shares of Common Stock to be issued under the related Stock Purchase Contracts on the applicable Stock Purchase Date in full satisfaction of such Holders' obligations to pay the Purchase Price under the related Stock Purchase Contracts, and (iii) promptly remit the remaining portion of such Proceeds to the Stock Purchase Contract Agent for payment to the Holders of Normal Common Equity Units, in accordance with their respective interests and the Stock Purchase Contract Agreement. With respect to Separate Trust Preferred Securities, any Proceeds of such Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) attributable to the Separate Trust Preferred Securities will be remitted to the Custodial Agent for payment to the holders of Separate Trust Preferred Securities. In the event of a Final Failed Remarketing, the Pledged Trust Preferred Securities shall remain credited to the Collateral Account and Section 5.07 shall apply.

Successful Remarketing. In the event of a Successful Remarketing, the Collateral Agent shall, at the written direction of the Company, instruct the Securities Intermediary to (i) Transfer the applicable Pledged Trust Preferred Debt Securities to the Remarketing Agent upon confirmation of deposit by the Remarketing Agent of the Proceeds of such Successful Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) in the applicable Collateral Account, (ii) apply an amount equal to the aggregate Purchase Price for the shares of Common Stock to be issued under the related Stock Purchase Contracts on the applicable Applicable Stock Purchase Date in full satisfaction of such Holders' ’ obligations to pay the Purchase Price under the related Stock Purchase Contracts, and (iii) promptly remit the remaining portion of such Proceeds to the Stock Purchase Contract Agent for payment to the Holders of Normal Common Equity Units, in accordance with their respective interests and the Stock Purchase Contract Agreement. With respect to Separate Trust Preferred Debt Securities, any Proceeds of such Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) attributable to the Separate Trust Preferred Debt Securities will be remitted to the Custodial Agent for payment to the holders of Separate Trust Preferred Debt Securities. In the event of a Final Failed Remarketing, the Pledged Trust Preferred Debt Securities shall remain credited to the Collateral Account and Section 5.07 5.9 shall apply.

Successful Remarketing. In the event of a Successful Remarketing, the Collateral Agent shall, at the written direction of the Company, instruct the Securities Intermediary to (i) Transfer the applicable Pledged Trust Preferred Securities to the Remarketing Agent upon confirmation of deposit by the Remarketing Agent of the Proceeds of such Successful Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) in the applicable Collateral Account, (ii) apply an amount equal to the aggregate Purchase Price for the shares of Common Stock Depositary Shares to be issued under the related Stock Purchase Contracts on the applicable Stock Purchase Date in full satisfaction of such Holders' ’ obligations to pay the Purchase Price under the related Stock Purchase Contracts, and (iii) promptly remit the remaining portion of such Proceeds to the Stock Purchase Contract Agent for payment to the Holders of Normal Common Equity UnitsMCAPS, in accordance with their respective interests and the Stock Purchase Contract Agreement. With respect to Separate Trust Preferred Securities, any Proceeds of such Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) attributable to the Separate Trust Preferred Securities will be remitted to the Custodial Collateral Agent for payment to the holders of Separate Trust Preferred Securities. In the event of a Final Failed Remarketing, the Pledged Trust Preferred Securities shall remain credited to the Collateral Account and Section 5.07 5.7 shall apply.

Successful Remarketing. In the event of a Successful Remarketing, the Collateral Agent shall, at the written direction of the Company, instruct the Securities Intermediary to (i) Transfer the applicable Pledged Trust Preferred Debt Securities to the Remarketing Agent upon confirmation of deposit by the Remarketing Agent of the Proceeds of such Successful Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) in the applicable Collateral Account, (ii) apply remit to the Company from such Proceeds an amount equal to the aggregate Purchase Price for the shares of Common Stock to be issued under the related Stock Purchase Contracts on the applicable Applicable Stock Purchase Date in full satisfaction of such Holders' ’ obligations to pay the Purchase Price under the related Stock Purchase Contracts, and (iii) promptly remit the remaining portion of such Proceeds to the Stock Purchase Contract Agent for payment to the Holders of Normal Common Equity Units, in accordance with their respective interests and the Stock Purchase Contract Agreement. With respect to Separate Trust Preferred Debt Securities, any Proceeds of such Remarketing (after deducting any Remarketing Fee in accordance with the Remarketing Agreement) attributable to the Separate Trust Preferred Debt Securities will be remitted to the Custodial Agent for payment to the holders of Separate Trust Preferred Debt Securities. In the event of a Final Failed Remarketing, the Pledged Trust Preferred Debt Securities shall remain credited to the Collateral Account and Section 5.07 5.9 shall apply.

Successful Remarketing. In the event of a Successful Remarketing, the Collateral Agent shall, at the written direction of the Company, instruct the Securities Intermediary to (i) Transfer the applicable Pledged Trust Preferred Securities Debentures to the Remarketing Agent upon confirmation of deposit by the Remarketing Agent of the Proceeds of such Successful Remarketing (after deducting any Remarketing Agent’s Fee in accordance with the Remarketing Agreement) in the applicable Collateral Account and apply such Proceeds to purchase the Treasury Portfolio, (ii) Transfer the Treasury Portfolio (other than the Pledged Treasury Portfolio) to the Custodial Agent for deposit in an account separate from the Collateral Account, (iiiii) apply an amount from the Proceeds of the Pledged Treasury Portfolio on the applicable Stock Purchase Date equal to the aggregate Purchase Price for the shares of Common Stock to be issued under the related Stock Purchase Contracts on the applicable Stock Purchase Date in full satisfaction of such Holders' ’ obligations to pay the Purchase Price under the related Stock Purchase Contracts, and (iiiiv) promptly remit the remaining portion of such Proceeds to the Stock Purchase Contract Agent for payment to the Holders of Normal Common Equity Corporate Units, in accordance with their respective interests and the Purchase Contract Agreement. In the case of the Treasury Portfolio purchased with the Proceeds of the Pledged Debentures on the First Remarketing Settlement Date, on the next Payment Date the Custodial Agent shall remit the remaining portion of the Proceeds of the portion of the Treasury Portfolio corresponding to clause (ii) of the definition of such term to the Purchase Contract Agent for payment to the Holders of Corporate Units pursuant to Section 5.02(a)(i) of the Purchase Contract Agreement, in accordance with their respective interests and the Purchase Contract Agreement. On the applicable Stock Purchase Date, the Custodial Agent shall promptly remit the remaining portion of the Proceeds of the Treasury Portfolio to the Purchase Contract Agent for payment to the Holders of Corporate Units, in accordance with their respective interests and the Purchase Contract Agreement. With respect to Separate Trust Preferred SecuritiesDebentures, any Proceeds of such Remarketing (after deducting any Remarketing Agent’s Fee in accordance with the Remarketing Agreement) attributable to the Separate Trust Preferred Securities Debentures will be remitted to the Custodial Agent for payment to the holders of Separate Trust Preferred SecuritiesDebentures. In the event of a Final Failed Remarketing, the Pledged Trust Preferred Securities Debentures shall remain credited to the Collateral Account and Section 5.07 5.7 shall apply.