Subject Debentures definition
Examples of Subject Debentures in a sentence
If fewer than all of the Subject Debentures are remarketed in accordance with the terms hereof, or a condition precedent set forth in the Purchase Contract Agreement is not fulfilled, the Remarketing shall be deemed to have failed as to all Subject Debentures.
If fewer than all of the Subject Debentures are remarketed in accordance with the terms hereof, or a condition precedent set forth in the Purchase Contract Agreement is not fulfilled, a Remarketing shall be deemed to have failed as to all Subject Debentures.
The Remarketing Agents shall not be obligated in any case to provide funds to make payment upon tender of Subject Debentures for Remarketing.
The Remarketing Agents are not obligated to purchase any Subject Debentures that would otherwise remain unsold in a Remarketing.
The Noteholder is agreeing to exchange its Subject Debentures and shall receive New Notes under this Agreement and pursuant to the Exchange Offers for its own account solely for the purpose of investment and not with a view to, or for offer or sale in connection with, any distribution of the New Notes in violation of the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder (the "Securities Act").
This Agreement may not be amended and no other actions may be taken under this Agreement except by an instrument in writing signed by the Company and each of the holders of the Subject Debentures covered by this Agreement.
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].
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.
The Remarketing Agents shall not remarket any Subject Debentures for a price less than (i) 100% of the Remarketing Treasury Portfolio Purchase Price plus the Separate Debentures Purchase Price (in the case of a Remarketing during the Period for Early Remarketing) and (ii) 100% of the aggregate principal amount of the Subject Debentures (in the case of a Remarketing during the Final Three-Day Remarketing Period), and shall not be required to purchase any Subject Debentures not successfully remarketed.
A holder of Separate Debentures shall have no right to have such Separate Debentures remarketed unless (i) the Remarketing Agents conduct a Remarketing pursuant to the terms of this Agreement, (ii) the Subject Debentures have not been called for Mandatory Redemption or Special Event Redemption, (iii) the Remarketing Agents are able to find a purchaser or purchasers for all Subject Debentures, and (iv) such purchaser or purchasers deliver the purchase price therefor to the Remarketing Agents.