Common use of The Tender Agent Clause in Contracts

The Tender Agent. The initial Tender Agent appointed by the Company, and each successor tender agent appointed in accordance herewith, shall designate its office and signify its acceptance of the duties and obligations imposed upon it as described herein by a written instrument of acceptance delivered to the Trustee and the Company under which the Tender Agent shall, among other things: (a) hold all Bonds delivered to it hereunder in trust for the benefit of the respective owners of Bonds which shall have so delivered such Bonds until money representing the Purchase Price of such Bond shall have been delivered to or for the account of or to the order of such Owners of Bonds. Upon delivery of money representing the Purchase Price of such Bonds to or for the account of or to the order of such Owners of Bonds, the Tender Agent shall hold all such Bonds which are required to be delivered to the Pledged Bonds Custodian pursuant to Section 5.06(b) hereof, as the agent of the Bank for the purpose of perfecting the Bank’s security interest therein under the Pledge Agreement (which agency shall terminate upon delivery of such Bonds by the Tender Agent to or upon the order of the Bank in accordance with such Section 5.06(b)); and (b) hold all money delivered to it hereunder and under the Tender Agent Agreement for the purchase of such Bonds in a separate account in trust for the benefit of the person or entity which shall have so delivered such money until required to transfer such funds as provided herein.

The Tender Agent. The Dauphin Deposit Bank and Trust Company, the initial Tender Agent appointed by the Company, and each successor tender agent appointed in accordance herewith, shall designate its office and signify its acceptance of the duties and obligations imposed upon it as described herein by a written instrument of acceptance delivered to the Trustee and the Company under which the Tender Agent shall, among other things: (a) hold all Bonds delivered to it hereunder in trust for the benefit of the respective owners Owners of Bonds which shall have so delivered such Bonds until money moneys representing the Purchase Price of such Bond Bonds shall have been delivered to or for the account of or to the order of such Owners of Bonds. Upon delivery of money moneys representing the Purchase Price of such Bonds to or for the account of or to the order of such Owners of Bonds, the Tender Agent shall hold all such Bonds which are required to be delivered to the Pledged Bonds Custodian pursuant to Section 5.06(b) hereof, as the agent of the Bank for the purpose of perfecting the Bank’s 's security interest therein under the Pledge Agreement (which agency shall terminate upon delivery of such Bonds by the Tender Agent to or upon the order of the Bank in accordance with such Section 5.06(b)); and (b) hold all money moneys delivered to it hereunder and under the Tender Agent Agreement for the purchase of such Bonds in a separate account in trust for the benefit of the person or entity which shall have so delivered such money moneys until required to transfer such funds as provided herein.

The Tender Agent. The Dauphin Deposit Bank and Trust Company, the initial Tender Agent appointed by the Company, and each successor tender agent appointed in accordance herewith, shall designate its office and signify its acceptance of the duties and obligations imposed upon it as described herein by a written instrument of acceptance delivered to the Trustee and the Company under which the Tender Agent shall, among other things: (a) hold all Bonds delivered to it hereunder in trust for the benefit of the respective owners of Bonds which shall have so delivered such Bonds until money representing the Purchase Price of such Bond shall have been delivered to or for the account of or to the order of such Owners of Bonds. Upon delivery of money representing the Purchase Price of such Bonds to or for the account of or to the order of such Owners of Bonds, the Tender Agent shall hold all such Bonds which are required to be delivered to the Pledged Bonds Custodian pursuant to Section 5.06(b) hereofof this Indenture, as the agent of the Bank for the purpose of perfecting the Bank’s security interest therein under the Pledge Agreement (which agency shall terminate upon delivery of such Bonds by the Tender Agent to or upon the order of the Bank in accordance with such Section 5.06(b)); and5.06(b));and (b) hold all money delivered to it hereunder and under the Tender Agent Agreement for the purchase of such Bonds in a separate account in trust for the benefit of the person or entity which shall have so delivered such money until required to transfer such funds as provided herein.

The Tender Agent. The First Union National Bank, the initial Tender Agent appointed by the CompanyBorrower, and each successor tender agent appointed in accordance herewith, shall designate its office and signify its acceptance of the duties and obligations imposed upon it as described herein by a written instrument of acceptance delivered to the Trustee and the Company Borrower under which the Tender Agent shall, among other things: (a) hold all Bonds delivered to it hereunder in trust for the benefit of the respective owners Owners of Bonds which shall have so delivered such Bonds until money moneys representing the Purchase Price of such Bond shall have been delivered to or for the account of or to the order of such Owners of Bonds. Upon delivery of money moneys representing the Purchase Price of such Bonds to or for the account of or to the order of such Owners of Bonds, the Tender Agent shall hold all such Bonds which are required to be delivered to the Pledged Bonds Custodian pursuant to Section 5.06(b) hereof, as the agent of the Bank for the purpose of perfecting the Bank’s 's security interest therein under the Pledge Agreement (which agency shall terminate upon delivery of such Bonds by the Tender Agent to or upon the order of the Bank in accordance with such Section 5.06(b)); and (b) hold all money moneys delivered to it hereunder and under the Tender Agent Agreement for the purchase of such Bonds in a separate account in trust for the benefit of the person Person or entity which shall have so delivered such money moneys until required to transfer such funds as provided herein.

The Tender Agent. The Dauphin Deposit Bank and Trust Company, the initial Tender Agent appointed by the Company, and each successor tender agent appointed in accordance herewith, shall designate its office and signify its acceptance of the duties and obligations imposed upon it as described herein by a written instrument of acceptance delivered to the Trustee and the Company under which the Tender Agent shall, among other things: (a) hold all Bonds delivered to it hereunder in trust for the benefit of the respective owners Owners of Bonds which shall have so delivered such Bonds until money moneys representing the Purchase Price of such Bond shall have been delivered to or for the account of or to the order of such Owners of Bonds. Upon delivery of money moneys representing the Purchase Price of such Bonds to or for the account of or to the order of such Owners of Bonds, the Tender Agent shall hold all such Bonds which are required to be delivered to the Pledged Bonds Bond Custodian pursuant to Section 5.06(b5.07(b) hereof, as the agent of the Bank for the purpose of perfecting the Bank’s 's security interest therein under the Pledge Agreement (which agency shall terminate upon delivery of such Bonds by the Tender Agent to or upon the order of the Bank in accordance with such Section 5.06(b5.07(b)); and (b) hold all money moneys delivered to it hereunder and under the Tender Agent Agreement for the purchase of such Bonds in a separate account in trust for the benefit of the person or entity which shall have so delivered such money moneys until required to transfer such funds as provided herein.

The Tender Agent. The First Union National Bank, the initial Tender Agent appointed by the Company, and each successor tender agent appointed in accordance herewith, shall designate its office and signify its acceptance of the duties and obligations imposed upon it as described herein by a written instrument of acceptance delivered to the Trustee and the Company under which the Tender Agent shall, among other things: (a) hold all Bonds delivered to it hereunder in trust for the benefit of the respective owners Owners of Bonds which shall have so delivered such Bonds until money moneys representing the Purchase Price of such Bond Bonds shall have been delivered to or for the account of or to the order of such Owners of Bonds. Upon delivery of money moneys representing the Purchase Price of such Bonds to or for the account of or to the order of such Owners of Bonds, the Tender Agent shall hold all such Bonds which are required to be delivered to the Pledged Bonds Custodian pursuant to Section 5.06(b) hereof, as the agent of the Bank for the purpose of perfecting the Bank’s 's security interest therein under the Pledge Agreement (which agency shall terminate upon delivery of such Bonds by the Tender Agent to or upon the order of the Bank in accordance with such Section 5.06(b)); and (b) hold all money moneys delivered to it hereunder and under the Tender Agent Agreement for the purchase of such Bonds in a separate account in trust for the benefit of the person or entity which shall have so delivered such money moneys until required to transfer such funds as provided herein.

The Tender Agent. The Agency hereby appoints Xxxxx Fargo, Bank, National Association, as the initial Tender Agent appointed by for the Company2010 Bonds, and it and each successor tender agent Tender Agent appointed in accordance herewith, with this Fiscal Agent Agreement shall designate its office Principal Office and signify its acceptance of the duties and obligations imposed upon it as described herein by a written instrument of acceptance delivered to the Trustee Agency, the City, the Fiscal Agent, each Remarketing Agent and the Company each Credit Provider under which the Tender Agent shallwill agree, among other thingsparticularly: (a) to hold all 2010 Bonds delivered to it for purchase hereunder in trust for the exclusive benefit of the respective owners of Bonds which Holders that shall have so delivered such 2010 Bonds until money moneys representing the Purchase Price purchase price of such Bond 2010 Bonds shall have been delivered to or for the account of or to the order of such Owners Holders; (b) to hold all moneys, other than proceeds of Bonds. Upon delivery drawings upon the Credit Facilities, delivered to it hereunder for the purchase of money representing 2010 Bonds in trust for the Purchase Price exclusive benefit of the persons that shall have so delivered such moneys until the 2010 Bonds purchased with such moneys shall have been delivered to or it for the account of or to the order of such Owners of Bondspersons and, the Tender Agent shall hold all such Bonds which are required to be delivered to the Pledged Bonds Custodian pursuant to Section 5.06(b) hereofthereafter, as the agent of the Bank for the purpose of perfecting the Bank’s security interest therein under the Pledge Agreement (which agency shall terminate upon delivery of such Bonds by the Tender Agent to or upon the order of the Bank in accordance with such Section 5.06(b)); and (b) hold all money delivered to it hereunder and under the Tender Agent Agreement for the purchase of such Bonds in a separate account in trust for the benefit of the person or entity which Holders tendering such 2010 Bonds; (c) to hold all moneys delivered to it hereunder from drawings under the Credit Facilities for the purchase of 2010 Bonds in trust for the exclusive benefit of the Bondholders who shall deliver 2010 Bonds to it, for purchase until the 2010 Bonds purchased with such moneys shall have so been delivered such money until required to transfer such funds as provided herein.the Tender Agent for the account of the Credit Providers;

The Tender Agent. The First Union National Bank, the initial Tender Agent appointed by the Company, and each successor tender agent appointed in accordance herewith, shall designate its office and signify its acceptance of the duties and obligations imposed upon it as described herein by a written instrument of acceptance delivered to the Trustee (unless the Trustee is also the Tender Agent) and the Company under which the Tender Agent shall, among other things: (a) hold all Bonds delivered to it hereunder in trust for the benefit of the respective owners Owners of Bonds which shall have so delivered such Bonds until money moneys representing the Purchase Price of such Bond Bonds shall have been delivered to or for the account of or to the order of such Owners of Bonds. Upon delivery of money moneys representing the Purchase Price of such Bonds to or for the account of or to the order of such Owners of Bonds, the Tender Agent shall hold all such Bonds which are required to be delivered to the Pledged Bonds Custodian pursuant to Section 5.06(b) hereof, as the agent of the Bank for the purpose of perfecting the Bank’s 's security interest therein under the Pledge Agreement (which agency shall terminate upon delivery of such Bonds by the Tender Agent to the Pledged Bonds Custodian or upon the order of the Bank in accordance with such Section 5.06(b)); and (b) hold all money moneys delivered to it hereunder and under the Tender Agent Agreement for the purchase of such Bonds in a separate account in trust for the benefit of the person or entity which shall have so delivered such money moneys until required to transfer such funds as provided herein.

The Tender Agent. The Allfirst Bank, the initial Tender Agent appointed by the Company, and each successor tender agent appointed in accordance herewith, shall designate its office and signify its acceptance of the duties and obligations imposed upon it as described herein by a written instrument of acceptance delivered to the Trustee and the Company under which the Tender Agent shall, among other things: (a) hold all Bonds delivered to it hereunder in trust for the benefit of the respective owners of Bonds which shall have so delivered such Bonds until money representing the Purchase Price of such Bond shall have been delivered to or for the account of or to the order of such Owners of Bonds. Upon delivery of money representing the Purchase Price of such Bonds to or for the account of or to the order of such Owners of Bonds, the Tender Agent shall hold all such Bonds which are required to be delivered to the Pledged Bonds Custodian pursuant to Section 5.06(b) hereofof this Indenture, as the agent of the Bank for the purpose of perfecting the Bank’s security interest therein under the Pledge Agreement (which agency shall terminate upon delivery of such Bonds by the Tender Agent to or upon the order of the Bank in accordance with such Section 5.06(b)); and (b) hold all money delivered to it hereunder and under the Tender Agent Agreement for the purchase of such Bonds in a separate account in trust for the benefit of the person or entity which shall have so delivered such money until required to transfer such funds as provided herein.