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facsfm/les, and shall bear the corporate seal of the Issuer or a fac- <br />simile ~hereo~. <br /> <br /> Section &. Adjusted Interest Rates; Mandatory Tender for <br />Purchase; Remarketin~. <br /> <br /> On the Initial Remarketing Date, the Remarketing Agent shall <br />use its best efforts to sell, for delivery on the Crossover Date, the <br />Refunding Bonds tendered or deemed tendered for purchase, as hereinafter <br />and in the Trust Agreement set forth, at a price not less than one <br />hundred percent (100Z) of the principal amount thereof and bearing <br />interest at the Adjusted Rate or Rates; provided that no Adjusted Rate <br />shall exceed nine and seven-eighths percent (9-7/8Z) per annum. The <br />Trust Agreement shall .set forth the methods to be employed and the <br />procedures to be followed in the Remarketing Agent's determining the <br />Adjusted Rates and determining the frequency with which and dates on <br />which interest on the Refunding Bonds shall be payable after the Cross- <br />over Date. The Trust Agreement shall make provision for the Remarketing <br />Agent to determine and give effect to the determination that, in order <br />to accomplish the remarketing of the Refunding Bonds within the limita- <br />tions hereby imposed on the Adjusted Rates and on the amount of the Bond <br />Service Charges that may be payable on the Refunding Bonds in any year, <br />the Refunding Bonds may, for some or all of their remaining term after <br />the Crossover Date, have interest accrue but not be payable as current <br />interest thereon or may be subject to mandatory tender and remarketing <br />on one or more subsequent remarketing dates. <br /> <br /> The Refunding Bonds shall be subject to mandatory tender for <br />purchase by the holders thereof on the Crossover Date unless the holders <br />thereof notify the Refunding Trustee of their desire to continue to hold <br />the Refunding Bonds after the Crossover Date. The Trust Agreement shall <br />provide and make specifications for the Refunding Trustee to give the <br />holders of the Refunding Bonds notice of the date on which the Refunding <br />Bonds are subject to mandatory tender, of the terms the Refunding Bonds <br />will bear after the Crossover Date, of the requirements for holders to <br />keep their Refunding Bonds after the Crossover Date, and of the conse- <br />quences to holders who neither tender their Refunding Bonds nor give <br />such notice and whose Refunding Bonds are consequently deemed tendered <br />for purchase. The Trust Agreement shall further specify the procedures <br />to be followed in order for tendering holders to tender and be paid for <br />their Refunding Bonds. <br /> <br /> If the Remarketing Agent succeeds in remarketing the Refunding <br />Bonds tendered or deemed tendered for purchase within the limitations <br />set forth as to price and other terms set forth herein and in the Trust <br />Agreement, the purchase price for the Refunding Bonds tendered or deemed <br />tendered for purchase shall be paid from the proceeds of such remarker- <br />lng, and the Trust Agreement and the Remarketing Agreement shall make <br />provision for the deposit of such proceeds in accounts in the custody of <br />the Refunding Trustee for application solely to that purpose. If the <br />Remarkettng Agent does not so succeed, the purchase price for the <br />Refunding Bonds tendered or deemed tendered shall be paid from the <br />Escrow Account, as hereinafter provided.. <br /> <br />-12- <br /> <br /> <br />