Common use of The Auction Clause in Contracts

The Auction. SECTION 2.01. PURPOSE; INCORPORATION BY REFERENCE OF AUCTION PROCEDURES AND SETTLEMENT PROCEDURES. (a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Interest Rate for the next Interest Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction." (b) Without prejudice to Section 3.01(a) hereof, all of the provisions contained in the Auction Procedures and the Settlement Procedures are incorporated herein by reference in their entirety and shall be deemed to be a part of this Agreement to the same extent as if such provisions were fully set forth herein. (c) BD agrees to act as, and assumes the obligations of and limitations and restrictions placed upon, a Broker-Dealer under this Agreement. BD understands that other persons meeting the requirements specified in the definition of "Broker-Dealer" contained in [Section 1] of the Supplemental Indenture may execute Broker-Dealer Agreements and participate as Broker-Dealers in Auctions. (d) BD and other Broker-Dealers may participate in Auctions for their own accounts. [However, except during the Rate Lock Period with respect to the Series _____ Senior Notes, the Auction Agent may by notice to BD and all other Broker-Dealers prohibit all Broker-Dealers from submitting Bids in Auctions for their own accounts, provided that Broker-Dealers may continue to submit Hold Orders and Sell Orders.] The Auction Agent shall have no duty or liability with respect to monitoring or enforcing the requirements of this Section 2.01(d). (e) BD agrees to act as, and assumes the obligations of, and limitations and restrictions placed upon, a Broker-Dealer under this Broker-Dealer Agreement, and to otherwise act as, and assume the obligations of and limitations and restrictions placed upon, a Broker-Dealer under [Appendix A] of the Supplemental Indenture.

The Auction. SECTION 2.013.1 Purpose; Incorporation by Reference of Auction Procedures and Settlement ------------------------------------------------------------------------ Procedures. PURPOSE; INCORPORATION BY REFERENCE OF AUCTION PROCEDURES AND SETTLEMENT PROCEDURES.---------- (a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Interest Rate for the AMPS, for the next Interest PeriodDividend Period therefor. Each periodic operation of such procedures is hereinafter referred to as an "Auction." (b) Without prejudice to Section 3.01(a) hereof, all All of the provisions contained in the Auction Procedures and the Settlement Procedures are incorporated herein by reference in their entirety and shall be deemed to be a part of this Agreement to the same extent as if such provisions were fully set forth herein. (c) BD is delivering herewith a Purchaser's Letter executed by BD and, in the case of ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇ Incorporated, a list of persons to whom BD will initially sell the shares of AMPS, the number of shares of AMPS BD will sell to each such person and the number of shares of each series of AMPS BD will hold for its own account. BD agrees to act as, and assumes the obligations of and limitations and restrictions placed upon, a Broker-Dealer under this Agreement. BD understands that other persons Persons meeting the requirements specified in the definition of "Broker-Broker- Dealer" contained in [Section 1] Paragraph 1 of the Supplemental Indenture Certificate of Designation may execute a Broker-Dealer Agreements Agreement and a Purchaser's Letter and participate as Broker-Dealers in Auctions. (d) BD and other Broker-Dealers may participate in Auctions for their own accounts, provided that BD or such other Broker-Dealers, as the case may be, has executed a Purchaser's Letter. [However, except during the Rate Lock Period with respect to the Series _____ Senior Notes, the Auction Agent Trust may by notice to BD and all other Broker-Dealers prohibit all Broker-Dealers from submitting Bids in Auctions for their own accounts, provided that Broker-Dealers may continue to submit Hold Orders and Sell Orders.] The Auction Agent shall have no duty or liability with respect to monitoring or enforcing the requirements of this Section 2.01(d). (e) BD agrees to act as, and assumes the obligations of, and limitations and restrictions placed upon, a Broker-Dealer under this Broker-Dealer Agreement, and to otherwise act as, and assume the obligations of and limitations and restrictions placed upon, a Broker-Dealer under [Appendix A] of the Supplemental Indenture.

The Auction. SECTION 2.013.1 Purpose; Incorporation bv Reference of Auction Procedures and ------------------------------------------------------------- Settlement Procedures. PURPOSE; INCORPORATION BY REFERENCE OF AUCTION PROCEDURES AND SETTLEMENT PROCEDURES.--------------------- (a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Interest Rate for each series of AMPS, for the next Interest PeriodDividend Period therefor. Each periodic operation of such procedures is hereinafter referred to as an "Auction." (b) Without prejudice to Section 3.01(a) hereof, all All of the provisions contained in the Auction Procedures and the Settlement Procedures are incorporated herein by reference in their entirety and shall be deemed to be a part of this Agreement to the same extent as if such provisions were fully set forth herein. (c) BD is delivering herewith a Purchaser's Letter executed by BD and, in the case of ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇ Incorporated, a list of persons to whom BD will initially sell the shares of each series of AMPS, the number of shares of each series of AMPS BD will sell to each such person and the number of shares of each series of AMPS BD will hold for its own account. BD agrees to act as, and assumes the obligations of and limitations and restrictions placed upon, a Broker-Dealer under this Agreement. BD understands that other persons Persons meeting the requirements specified in the definition of "Broker-Dealer" contained in [Section 1] Paragraph 1 of the Supplemental Indenture Articles Supplementary may execute a Broker-Dealer Agreements Agreement and a Purchaser's Letter and participate as Broker-Dealers in Auctions. (d) BD and other Broker-Dealers may participate in Auctions for their own accounts, provided that BD or such other Broker-Dealers, as the case may be, has executed a Purchaser's Letter. [However, except during the Rate Lock Period with respect to the Series _____ Senior Notes, the Auction Agent Company may by notice to BD and all other Broker-Dealers prohibit all Broker-Dealers from submitting Bids in Auctions for their own accounts, provided that Broker-Dealers may continue to submit Hold Orders and Sell Orders.] The Auction Agent shall have no duty or liability with respect to monitoring or enforcing the requirements of this Section 2.01(d). (e) BD agrees to act as, and assumes the obligations of, and limitations and restrictions placed upon, a Broker-Dealer under this Broker-Dealer Agreement, and to otherwise act as, and assume the obligations of and limitations and restrictions placed upon, a Broker-Dealer under [Appendix A] of the Supplemental Indenture.

The Auction. SECTION 2.013.1 Purpose; Incorporation by Reference of Auction Procedures and ------------------------------------------------------------- Settlement Procedures. PURPOSE; INCORPORATION BY REFERENCE OF AUCTION PROCEDURES AND SETTLEMENT PROCEDURES.--------------------- (a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Interest Rate for each series of AMPS, for the next Interest PeriodDividend Period therefor. Each periodic operation of such procedures is hereinafter referred to as an "Auction." (b) Without prejudice to Section 3.01(a) hereof, all All of the provisions contained in the Auction Procedures and the Settlement Procedures are incorporated herein by reference in their entirety and shall be deemed to be a part of this Agreement to the same extent as if such provisions were were. fully set forth herein. (c) BD is delivering herewith a Purchaser's Letter executed by BD and, in the case of ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇ Incorporated, a list of persons to whom BD will initially sell the shares of each series of AMPS, the number of shares of each series of AMPS BD will sell to each such person and the number of shares of each series of AMPS BD will hold for its own account. BD agrees to act as, and assumes the obligations of and limitations and restrictions placed upon, a Broker-Dealer under this Agreement. BD understands that other persons Persons meeting the requirements specified in the definition of "Broker-Dealer" contained in [Section 1] Paragraph I of the Supplemental Indenture Articles Supplementary may execute a Broker-Dealer Agreements Agreement and a Purchaser's Letter and participate as Broker-Dealers in Auctions. (d) BD and other Broker-Dealers may participate in Auctions for their own accounts, provided that BD or such other BrokerDealers, as the case may be, has executed a Purchaser's Letter. [However, except during the Rate Lock Period with respect to the Series _____ Senior Notes, the Auction Agent Company may by notice to BD and all other Broker-Dealers prohibit all Broker-Dealers from submitting Bids in Auctions for their own accounts, provided that Broker-Dealers may continue to submit Hold Orders and Sell Orders.] The Auction Agent shall have no duty or liability with respect to monitoring or enforcing the requirements of this Section 2.01(d). (e) BD agrees to act as, and assumes the obligations of, and limitations and restrictions placed upon, a Broker-Dealer under this Broker-Dealer Agreement, and to otherwise act as, and assume the obligations of and limitations and restrictions placed upon, a Broker-Dealer under [Appendix A] of the Supplemental Indenture.

The Auction. SECTION 2.012.1. PURPOSE; INCORPORATION BY REFERENCE OF AUCTION PROCEDURES AND SETTLEMENT PROCEDURES.Purpose: Incorporation by Reference of Auction Procedures and ------------------------------------------------------------- Settlement Procedures. ---------------------- (a) On each Auction DateDate after the Initial Period, the provisions of the Auction Procedures will be implemented and followed by the Auction Agent for the purpose of determining the Applicable Interest Auction Rate for the next Interest Auction Period. Each periodic operation of such procedures Auction Procedures is hereinafter referred to as an "Auction." (b) Without prejudice to Section 3.01(a) hereof, all All of the provisions contained in the Auction Procedures and the Settlement Procedures are incorporated herein by reference in their entirety and shall be deemed to be a part of this Agreement to the same extent as if such provisions were fully set forth herein. (c) BD agrees to act as, and assumes the obligations of and limitations and restrictions placed upon, a Broker-Dealer under this Agreement. BD understands that other persons meeting the requirements specified in the definition of "Broker-Dealer" contained in [Section 1] of the Supplemental Indenture may execute Broker-Dealer Agreements and participate as Broker-Dealers in Auctions. (d) BD and other Broker-Dealers may participate in Auctions for their own accounts. [However, except during the Rate Lock Period with respect to the Series _____ Senior NotesIssuer may, the Auction Agent may by notice to BD and all other Broker-Dealers given no later than 3:00 P.M. on the Business Day next preceding an Auction, prohibit all (but not less than all) Broker-Dealers from submitting Bids in Auctions for their own accountsaccount in such Auction and, provided that if so specified in such notice, all future Auctions until such notice is withdrawn, but the Broker-Dealers may continue to submit Hold Orders and Sell Orders.] orders for their own accounts and Bids on behalf of customers. The Auction Agent shall have no duty or liability with respect to monitoring or enforcing the requirements enforcement of this Section 2.01(d)subsection. (e) BD agrees to act as, and assumes the obligations of, and limitations and restrictions placed upon, a Broker-Dealer under this Broker-Dealer Agreement, and to otherwise act as, and assume the obligations of and limitations and restrictions placed upon, a Broker-Dealer under [Appendix A] of the Supplemental Indenture.

The Auction. SECTION 2.013.1. PURPOSEPurpose; INCORPORATION BY REFERENCE OF AUCTION PROCEDURES AND SETTLEMENT PROCEDURES.Incorporation by Reference of Auction Procedures and ------------------------------------------------------------- Settlement Procedures. --------------------- (a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Interest Rate for each series of AMPS, for the next Interest PeriodDividend Period therefor. Each periodic operation of such procedures is hereinafter referred to as an "Auction." (b) Without prejudice to Section 3.01(a) hereof, all All of the provisions contained in the Auction Procedures and the Settlement Procedures are incorporated herein by reference in their entirety and shall be deemed to be a part of this Agreement to the same extent as if such provisions were fully set forth fully herein. (c) BD agrees to act as, and assumes the obligations of and limitations and restrictions placed upon, a Broker-Dealer under this Agreement. BD understands that other persons Persons meeting the requirements specified in the definition of "Broker-Dealer" contained in [Section 1] Paragraph _ of the Supplemental Indenture Certificate of Designation may execute a Broker-Dealer Agreements Agreement and participate as Broker-Broker- Dealers in Auctions. (d) BD and other Broker-Dealers may participate in Auctions for their own accounts. [However, except during the Rate Lock Period with respect to the Series _____ Senior NotesFund, the Auction Agent may by notice to BD and all other Broker-Dealers Broker Dealers, may prohibit all Broker-Dealers from submitting Bids in Auctions for their own accounts, provided that Broker-Dealers may continue to submit Hold Orders and Sell Orders.] The Auction Agent shall have no duty or liability with respect to monitoring or enforcing the requirements of this Section 2.01(d). (e) BD agrees to act as, and assumes the obligations of, and limitations and restrictions placed upon, a Broker-Dealer under this Broker-Dealer Agreement, and to otherwise act as, and assume the obligations of and limitations and restrictions placed upon, a Broker-Dealer under [Appendix A] of the Supplemental Indenture.