Common use of Successful Remarketing Clause in Contracts

Successful Remarketing. In the event the Collateral Agent receives Proceeds of the Pledged Notes from any Successful Remarketing prior to the Final Remarketing Date (after deducting any Remarketing Fee to the extent permitted under the terms of the Remarketing Agreement), the Collateral Agent will, at the written direction of the Company, apply an amount equal to the Treasury Portfolio Purchase Price to purchase from the Quotation Agent the Treasury Portfolio and promptly remit the remaining portion of such Proceeds to the Purchase Contract Agent for payment to the Holders of Corporate Units, in accordance with their respective interests. With respect to Separate Notes, any Proceeds of such Remarketing (after deducting any Remarketing Fee to the extent permitted under the terms of the Remarketing Agreement) attributable to the Separate Notes will be remitted to the Custodial Agent for payment to the holders of Separate Notes. The Collateral Agent shall Transfer the Treasury Portfolio to the Collateral Account and the Pledged Applicable Ownership Interests will secure the obligation of all Holders of Corporate Units to purchase Common Stock of the Company under the Purchase Contracts constituting a part of such Corporate Units, in substitution for the Pledged Notes, which shall be released from the Collateral Account.

Successful Remarketing. In the event the Collateral Agent receives Proceeds of the Pledged Senior Notes from any Successful Remarketing prior to the Final Remarketing Date (after deducting any Remarketing Fee to the extent permitted under the terms of the Remarketing Agreement), the Collateral Agent will, at the written direction of the Company, apply an amount equal to the Treasury Portfolio Purchase Price to purchase from the Quotation Agent the Treasury Portfolio and promptly remit the remaining portion of such Proceeds to the Purchase Contract Agent for payment to the Holders of Corporate Normal Units, in accordance with their respective interests. With respect to Separate Senior Notes, any Proceeds of such Remarketing (after deducting any Remarketing Fee to the extent permitted under the terms of the Remarketing Agreement) attributable to the Separate Senior Notes will be remitted to the Custodial Agent for payment to the holders of Separate Senior Notes. The Collateral Agent shall Transfer the Treasury Portfolio to the Collateral Account and the Pledged Applicable Ownership Interests in the Treasury Portfolio (as specified in clause (i) of the definition of such term) will secure the obligation of all Holders of Corporate Normal Units to purchase Common Stock of the Company under the Purchase Contracts constituting a part of such Corporate Normal Units, in substitution for the Pledged Applicable Ownership Interests in Senior Notes and the related Pledged Senior Notes, which shall be released from the Collateral Account.

Successful Remarketing. In the event the Collateral Agent receives Proceeds of the Pledged Senior Notes from any Successful Remarketing prior to the Final Remarketing Date (after deducting any Remarketing Fee to the extent permitted under the terms of the Remarketing Agreement), the Collateral Agent will, at the written direction of the Company, apply an amount equal to the Treasury Portfolio Purchase Price to purchase from the Quotation Agent the Treasury Portfolio and promptly remit the remaining portion of such Proceeds to the Purchase Contract Agent for payment to the Holders of Corporate Units, in accordance with their respective interests. With respect to Separate Senior Notes, any Proceeds of such Remarketing (after deducting any Remarketing Fee to the extent permitted under the terms of the Remarketing Agreement) attributable to the Separate Senior Notes will be remitted to the Custodial Agent for payment to the holders of Separate Senior Notes. The Collateral Agent shall Transfer the Treasury Portfolio to the Collateral Account and the Pledged Applicable Ownership Interests will secure the obligation of all Holders of Corporate Units to purchase Common Stock of the Company under the Purchase Contracts constituting a part of such Corporate Units, in substitution for the Pledged Senior Notes, which shall be released from the Collateral Account.