Common use of The Remarketing Agent Clause in Contracts

The Remarketing Agent. (a) The Remarketing Agent shall not, in fulfilling its obligations hereunder, be required to act as an underwriter for the Bonds and is in no way obligated, directly or indirectly, to advance its own funds to purchase Bonds tendered or deemed tendered for purchase in accordance with the Indenture. The Remarketing Agent shall be acting as the Remarketing Agent pursuant to the Indenture in the resale of the Bonds, and the Remarketing Agent’s responsibility is limited to the use of its best efforts to solicit offers to purchase the Bonds. (b) The Remarketing Agent, in its individual capacity, either as principal or agent, may buy, sell, own, hold and deal in any of the Bonds, and may join in any action which any holder of Bonds may be entitled to take, with like effect as if it did not act in any capacity hereunder. (c) The Remarketing Agent shall incur no liability to the District or any other person for its actions as Remarketing Agent pursuant to the terms of this Remarketing Agreement and the Indenture except as otherwise provided herein. In setting the interest rates on the Bonds, the Remarketing Agent shall not be liable for any error made in good faith. In particular, although not by way of limitation on the foregoing, the Remarketing Agent shall incur no liability to the District or any other person for any actions hereunder if, pursuant to the terms of the Indenture or this Remarketing Agreement, such actions were not to have been taken because of the occurrence or nonoccurrence of specific events of which the Remarketing Agent had no knowledge.

Appears in 2 contracts

Samples: Remarketing Agreement, Remarketing Agreement

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The Remarketing Agent. (a) The Remarketing Agent shall not, in fulfilling its obligations hereunder, be required to act as an underwriter for the Bonds and is in no way obligated, directly or indirectly, to advance its own funds to purchase Bonds tendered or deemed tendered for purchase in accordance with the Indenture. The Remarketing Agent shall will be acting as the Remarketing Agent remarketing agent pursuant to the Indenture in the resale re-sale of the Bonds, and the Remarketing Agent’s 's responsibility is limited to the use of its best efforts to solicit offers to purchase the Bonds. (b) The Remarketing Agent, in its individual capacity, either as principal or agent, may buy, sell, own, hold and deal in any of the Bonds, and may join in any action which any holder of Bonds may be entitled to take, with like effect as if it did not act in any capacity hereunder. (c) The Remarketing Agent shall incur no liability to the District Successor Agency or any other person for its actions as Remarketing Agent pursuant to the terms of this Remarketing Agreement and the Indenture except as otherwise provided hereinfor its willful misconduct or gross negligence. In setting the interest rates on the Bonds, the Remarketing Agent shall not be liable for any error made in good faith. In particular, although not by way of limitation on the foregoing, the Remarketing Agent shall incur no liability to the District Successor Agency or any other person for any actions hereunder if, pursuant to the terms of the Indenture or this Remarketing Agreement, such actions were not to have been taken because of the occurrence or nonoccurrence non-occurrence of specific events of which but the Remarketing Agent had no knowledgenot received notice of the occurrence or non-occurrence of those events.

Appears in 1 contract

Samples: Remarketing Agreement

The Remarketing Agent. (a) The Remarketing Agent shall not, in fulfilling its obligations hereunder, be required to act as an underwriter for the Bonds and is in no way obligated, directly or indirectly, to advance its own funds to purchase Bonds tendered or deemed tendered for purchase in accordance with the IndentureTrust Agreement. The Remarketing Agent shall be acting as the Remarketing Agent pursuant to the Indenture Trust Agreement in the resale of the Bonds, and the Remarketing Agent’s responsibility is limited to the use of its best efforts to solicit offers to purchase the Bonds. (b) The Remarketing Agent, in its individual capacity, either as principal or agent, may buy, sell, own, hold and deal in any of the Bonds, and may join in any action which any holder of Bonds may be entitled to take, with like effect as if it did not act in any capacity hereunder. (c) The Remarketing Agent shall incur no liability to the District or any other person for its actions as Remarketing Agent pursuant to the terms of this Remarketing Agreement and the Indenture Trust Agreement except as otherwise provided herein. In setting the interest rates on the Bonds, the Remarketing Agent shall not be liable for any error made in good faith. In particular, although not by way of limitation on the foregoing, the Remarketing Agent shall incur no liability to the District or any other person for any actions hereunder if, pursuant to the terms of the Indenture Trust Agreement or this Remarketing Agreement, such actions were not to have been taken because of the occurrence or nonoccurrence of specific events of which the Remarketing Agent had no knowledge.

Appears in 1 contract

Samples: Remarketing Agreement

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The Remarketing Agent. (a) The Remarketing Agent shall not, in fulfilling its obligations hereunder, be required to act as an underwriter for the Bonds and is in no way obligated, directly or indirectly, to advance its own funds to purchase Bonds tendered or deemed tendered for purchase in accordance with the IndentureTrust Agreement. The Remarketing Agent shall be acting as the Remarketing Agent pursuant to the Indenture Trust Agreement in the resale of the Bonds, and the Remarketing Agent’s responsibility is limited to the use of its best efforts to solicit offers to purchase the Bonds. (b) The Remarketing Agent, in its individual capacity, either as principal or agent, may buy, sell, own, hold and deal in any of the Bonds, and may join in any action 4825-8695-6067.1 which any holder of Bonds may be entitled to take, with like effect as if it did not act in any capacity hereunder. (c) The Remarketing Agent shall incur no liability to the District or any other person for its actions as Remarketing Agent pursuant to the terms of this Remarketing Agreement and the Indenture Trust Agreement except as otherwise provided herein. In setting the interest rates on the Bonds, the Remarketing Agent shall not be liable for any error made in good faith. In particular, although not by way of limitation on the foregoing, the Remarketing Agent shall incur no liability to the District or any other person for any actions hereunder if, pursuant to the terms of the Indenture Trust Agreement or this Remarketing Agreement, such actions were not to have been taken because of the occurrence or nonoccurrence of specific events of which the Remarketing Agent had no knowledge.

Appears in 1 contract

Samples: Remarketing Agreement

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