Common use of Time, Date and Place of Closing Clause in Contracts

Time, Date and Place of Closing. Delivery of the Subject Debentures and payment therefor by wire transfer in federal funds shall be made at ______ [A.M./P.M.], New York City time, on the settlement date set forth on Schedule I, at the offices of ____________, ____________, ____________, ____________. The time and date of such delivery and payment are herein called the “Remarketing Closing Date”), which date and time may be postponed by agreement between the Remarketing Agents, NEE, NEE Capital and the registered holder or holders of the Subject Debentures. Delivery of the Subject Debentures to be remarketed shall be made by the Collateral Agent and the Custodial Agent, as applicable, to the Remarketing Agents on the Business Day immediately preceding the first Remarketing Date of the applicable Three-Day Remarketing Period [selected by NEE Capital pursuant to the Officer’s Certificate]. Upon a successful Remarketing, the Remarketing Agents may deduct the Remarketing Fee from any amount of such Remarketing proceeds in excess of the [Treasury Portfolio Purchase Price plus the Separate Debentures Purchase Price] [aggregate principal amount of the Subject Debentures] or, if the remarketed Debentures are represented by a global certificate, payment of the Remarketing Fee may be made by any method of transfer agreed upon by the Remarketing Agents and the Depositary for the Debentures under the Indenture. Upon a Successful Remarketing, the Remarketing Agents shall deliver the proceeds of such Remarketing (after deducting the Remarketing Fee described in the preceding sentence) to the Collateral Agent in exchange for the Pledged Debentures in accordance with Section 4.3 of the Purchase Contract Agreement. 2 With respect to a Successful Remarketing during the Period for Early Remarketing.

Appears in 2 contracts

Samples: Remarketing Agreement (Florida Power & Light Co), Remarketing Agreement (Florida Power & Light Co)

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Time, Date and Place of Closing. Delivery of the Subject Debentures and payment therefor by wire transfer in federal funds shall be made at ______ [A.M./P.M.], New York City time, on the settlement date set forth on Schedule I, at the offices of ____________, ____________, ____________, ____________. The time and date of such delivery and payment are herein called the “Remarketing Closing Date”), which date and time may be postponed by agreement between the Remarketing Agents, NEE, NEE Capital and the registered holder or holders of the Subject Debentures. Delivery of the Subject Debentures to be remarketed shall be made by the Collateral Agent and the Custodial Agent, as applicable, to the Remarketing Agents on the Business Day immediately preceding the first Remarketing Date of the applicable Three-Day Remarketing Period [selected by NEE Capital pursuant to the Officer’s Certificate]. Upon a successful Remarketing, the Remarketing Agents may deduct the Remarketing Fee from any amount of such Remarketing proceeds in excess of the [Treasury Portfolio Purchase Price plus the Separate Debentures Purchase Price] [aggregate principal amount of the Subject Debentures] or, if the remarketed Debentures are represented by a global certificate, payment of the Remarketing Fee may be made by any method of transfer agreed upon by the Remarketing Agents and the Depositary for the Debentures under the Indenture. Upon a Successful Remarketing, the Remarketing Agents shall deliver the proceeds of such Remarketing (after deducting the Remarketing Fee described in the preceding sentence) to the Collateral Agent in exchange for the Pledged Debentures in accordance with Section 4.3 of the Purchase Contract Agreement. 2 With respect to a Successful Remarketing during the Period for Early Remarketing.

Appears in 1 contract

Samples: Remarketing Agreement (Florida Power & Light Co)

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Time, Date and Place of Closing. Delivery of the Subject Debentures and payment therefor by wire transfer in federal funds shall be made at ______ [A.M./P.M.], New York City time, on the settlement date set forth on Schedule I, at the offices of ____________, ____________, ____________, ____________. The time and date of such delivery and payment are herein called the “Remarketing Closing Date”), which date and time may be postponed by agreement between the Remarketing Agents, NEE, NEE Capital and the registered holder or holders of the Subject Debentures. Delivery of the Subject Debentures to be remarketed shall be made by the Collateral Agent and the Custodial Agent, as applicable, to the Remarketing Agents on the Business Day immediately preceding the first Remarketing Date of the applicable Three-Day Remarketing Period [selected by NEE Capital pursuant to the Officer’s Certificate]. Upon a successful Remarketing, the Remarketing Agents may deduct the Remarketing Fee from any amount of such Remarketing proceeds in excess of the [Treasury Portfolio Purchase Price plus the Separate Debentures Purchase Price] [aggregate principal amount of the Subject Debentures] or, if the remarketed Debentures are represented by a global certificate, payment of the Remarketing Fee may be made by any method of transfer agreed upon by the Remarketing Agents and the Depositary for the Debentures under the Indenture. Upon a Successful Remarketing, the Remarketing Agents shall deliver the proceeds of such Remarketing (after deducting the Remarketing Fee described in the preceding sentence) to the Collateral Agent in exchange for the Pledged Debentures in accordance with Section 4.3 of the Purchase Contract Agreement. 2 With respect to a Successful Remarketing during the Period for Early Remarketing. 3 With respect to a Successful Remarketing during the Final Three-Day Remarketing Period. If the Debentures are not represented by a global certificate, certificates for the Debentures shall be registered in such names and denominations as the Remarketing Agents may request, and NEE Capital agrees to have such certificates available for inspection, packaging and checking by the Remarketing Agents in New York, New York not later than 1:00 p.m. on the Business Day prior to the Remarketing Closing Date.

Appears in 1 contract

Samples: Remarketing Agreement (Florida Power & Light Co)

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