Common use of Defaulting Underwriters Clause in Contracts

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 44 contracts

Samples: Underwriting Agreement (Enviva Partners, LP), Underwriting Agreement (Viper Energy Partners LP), Underwriting Agreement (Viper Energy Partners LP)

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Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such Units, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 42 contracts

Samples: Underwriting Agreement (Power & Digital Infrastructure Acquisition II Corp.), Underwriting Agreement (Power & Digital Infrastructure Acquisition II Corp.), Underwriting Agreement (Capitalworks Emerging Markets Acquisition Corp)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 35 contracts

Samples: Underwriting Agreement (Allegro Microsystems, Inc.), Underwriting Agreement (BioXcel Therapeutics, Inc.), Underwriting Agreement (Allegro Microsystems, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 31 contracts

Samples: Underwriting Agreement (Viper Energy, Inc.), Underwriting Agreement (Enviva Inc.), Underwriting Agreement (BioXcel Therapeutics, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units Designated Securities that it has agreed to purchase under this the Pricing Agreement, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Designated Securities on the terms contained in this Agreementherein and therein. IfIn the event that, within 36 thirty-six hours after any such default by any Underwriter, the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsDesignated Securities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Designated Securities on such terms. In the event that that, within the respective prescribed periodsperiod, the non-defaulting Underwriters Representatives notify the Partnership Company that they have so arranged for the purchase of such UnitsDesignated Securities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsDesignated Securities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone the Time of Delivery for such Delivery Date Designated Securities for up to a period of not more than seven full business days days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus as amended or supplemented, or in any changes other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that 10 with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement.

Appears in 27 contracts

Samples: Pricing Agreement (Walmart Inc.), Pricing Agreement (Walmart Inc.), Underwriting Agreement

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Securities which it has agreed to purchase under this Agreementhereunder, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsSecurities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Securities on such terms. In the event that that, within the respective prescribed periods, the non-defaulting Underwriters Representatives notify the Partnership Company that they the Representatives have so arranged for the purchase of such UnitsSecurities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsSecurities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone such the Time of Delivery Date for up to a period of not more than seven full business days days, in order to effect any whatever changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may thereby be made necessary in the Registration StatementStatement or the Prospectus, the Prospectus or in any other document documents or arrangementarrangements, and the Partnership Company agrees to file promptly prepare any amendment or supplement amendments to the Registration Statement, Statement or the Prospectus or which in any such other document or arrangement that effects any such changesthe Representatives’ opinion may thereby be made necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any person substituted under this Section 9 with like effect as if such person had originally been a party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed Agreement with respect to purchasesuch Securities.

Appears in 16 contracts

Samples: Underwriting Agreement (Best Buy Co Inc), Underwriting Agreement (Best Buy Co Inc), Underwriting Agreement (Microsoft Corp)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Securities which it has agreed to purchase under this Agreementthe Pricing Agreement relating to such Securities, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsSecurities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Securities on such terms. In the event that that, within the respective prescribed periods, the non-defaulting Underwriters Representatives notify the Partnership Company that they the Representatives have so arranged for the purchase of such UnitsSecurities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsSecurities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone such Delivery the Closing Date for up to such Securities for a period of not more than seven full business days days, in order to effect any whatever changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may thereby be made necessary in the Registration Statement, the Disclosure Package or the Final Prospectus as amended or supplemented, or in any other document documents or arrangementarrangements, and the Partnership Company agrees to file promptly prepare any amendment or supplement amendments to the Registration Statement, the Disclosure Package or the Final Prospectus or which in any such other document or arrangement that effects any such changesthe opinion of the Representatives may thereby be made necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement with respect to such Securities.

Appears in 14 contracts

Samples: Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 10 contracts

Samples: Underwriting Agreement (Excelerate Energy, Inc.), Underwriting Agreement (Aveanna Healthcare Holdings, Inc.), Underwriting Agreement (Latham Group, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 9 contracts

Samples: Underwriting Agreement (AMTD Digital Inc.), Underwriting Agreement (TortoiseEcofin Acquisition Corp. III), Underwriting Agreement (TortoiseEcofin Acquisition Corp. III)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Securities which it has agreed to purchase under this Agreementthe Pricing Agreement relating to such Securities, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsSecurities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Securities on such terms. In the event that that, within the respective prescribed periods, the non-defaulting Underwriters Representatives notify the Partnership Company that they the Representatives have so arranged for the purchase of such UnitsSecurities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsSecurities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone such Delivery the Closing Date for up to such Securities for a period of not more than seven full business days days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Final Prospectus as amended or supplemented, or in any changes that other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Final Prospectus which in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As The term "Underwriter" as used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement with respect to such Securities.

Appears in 9 contracts

Samples: Pricing Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Designated Securities which it has agreed to purchase under this Agreementthe Pricing Agreement relating to such Designated Securities, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Designated Securities on the terms contained in this Agreementherein. If, If within 36 hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsDesignated Securities, then the Operating Partnership shall will be entitled to a further period of 36 hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Designated Securities on such terms. In the event that that, within the respective prescribed periodsperiod, the non-defaulting Underwriters Representatives notify the Operating Partnership that they have so arranged for the purchase of such UnitsDesignated Securities, or the Operating Partnership notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsDesignated Securities, either the non-defaulting Underwriters Representatives or the Operating Partnership may will have the right to postpone the Time of Delivery for such Delivery Date Designated Securities for up to a period of not more than seven full business days days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any changes that other documents or arrangements, and the Operating Partnership agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus which in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, will include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement with respect to such Designated Securities.

Appears in 8 contracts

Samples: Pricing Agreement (Brandywine Operating Partnership, L.P.), Brandywine Operating Partnership, L.P., Brandywine Operating Partnership, L.P.

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Securities which it has agreed to purchase under this Agreementthe Pricing Agreement relating to such Securities, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsSecurities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Securities on such terms. In the event that that, within the respective prescribed periods, the non-defaulting Underwriters Representatives notify the Partnership Company that they the Representatives have so arranged for the purchase of such UnitsSecurities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsSecurities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone such Delivery the Closing Date for up to such Securities for a period of not more than seven full business days days, in order to effect any whatever changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may thereby be made necessary in the Registration Statement, the Prospectus Disclosure Package or the Final Prospectus, as amended or supplemented, or in any other document documents or arrangementarrangements, and the Partnership Company agrees to file promptly prepare any amendment or supplement amendments to the Registration Statement, the Disclosure Package or the Final Prospectus or which in any such other document or arrangement that effects any such changesthe opinion of the Representatives may thereby be made necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement with respect to such Securities.

Appears in 7 contracts

Samples: Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc), Underwriting Agreement (Metlife Inc)

Defaulting Underwriters. (a) If, on any Delivery the Closing Date, any Underwriter defaults in its obligations to purchase the Units Notes that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Notes by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsNotes, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Notes on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsNotes, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsNotes, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery the Closing Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Notes that a defaulting Underwriter agreed but failed to purchase.

Appears in 7 contracts

Samples: Underwriting Agreement (CNH Industrial Capital LLC), Underwriting Agreement (CNH Industrial Capital LLC), Underwriting Agreement (CNH Industrial Capital LLC)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 thirty-six (36) hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 thirty-six (36) hours within which to procure other persons reasonably satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven (7) full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 7 contracts

Samples: Underwriting Agreement (Fibrocell Science, Inc.), Underwriting Agreement (Pacira Pharmaceuticals, Inc.), Underwriting Agreement (Fibrocell Science, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Designated Securities which it has agreed to purchase under this Agreementthe Pricing Agreement relating to such Designated Securities, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Designated Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsDesignated Securities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Designated Securities on such terms. In the event that that, within the respective prescribed periodsperiod, the non-defaulting Underwriters Representatives notify the Partnership Company that they have so arranged for the purchase of such UnitsDesignated Securities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsDesignated Securities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone the Time of Delivery for such Delivery Date Designated Securities for up to a period of not more than seven full business days days, in order to effect any whatever changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may thereby be made necessary in the Registration Statement, Statement or the Prospectus as amended or supplemented, or in any other document documents or arrangementarrangements, and the Partnership Company agrees to file promptly prepare any amendment amendments or supplement supplements to the Registration Statement, Statement or the Prospectus or which in any such other document or arrangement that effects any such changesthe reasonable opinion of the Representatives may thereby be made necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that 10 with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement with respect to such Designated Securities.

Appears in 7 contracts

Samples: Underwriting Agreement (Hershey Co), Hershey Co, Underwriting Agreement (Hershey Co)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Designated Securities which it has agreed to purchase under this Agreementthe Pricing Agreement relating to such Designated Securities, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Designated Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsDesignated Securities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties reasonably satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Designated Securities on such terms. In the event that that, within the respective prescribed periodsperiod, the non-defaulting Underwriters Representatives notify the Partnership Company that they have so arranged for the purchase of such UnitsDesignated Securities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsDesignated Securities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone the Time of Delivery for such Delivery Date Designated Securities for up to a period of not more than seven full business days days, in order to effect any whatever changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may thereby be made necessary in the Registration Statement, Statement or the Prospectus as amended or supplemented, or in any other document documents or arrangementarrangements, and the Partnership Company agrees to file promptly prepare any amendment amendments or supplement supplements to the Registration Statement, Statement or the Prospectus or which in any such other document or arrangement that effects any such changesthe reasonable opinion of the Representatives may thereby be made necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that 10 with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement with respect to such Designated Securities.

Appears in 7 contracts

Samples: Hershey Co, Hershey Co, Hershey Co

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons reasonably satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 5 contracts

Samples: Underwriting Agreement (Zosano Pharma Corp), Underwriting Agreement (Endostim, Inc.), Underwriting Agreement (Zosano Pharma Corp)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting nondefaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such Units, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As Unless the context otherwise requires, as used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 5 contracts

Samples: Underwriting Agreement (TPB Acquisition Corp I), Underwriting Agreement (TPB Acquisition Corp I), Underwriting Agreement (TPB Acquisition Corp I)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 98, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 5 contracts

Samples: Underwriting Agreement (Platform Specialty Products Corp), Underwriting Agreement (Platform Specialty Products Corp), Underwriting Agreement (Platform Specialty Products Corp)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company and the Selling Stockholders shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company and the Selling Stockholders that they have so arranged for the purchase of such UnitsStock, or the Partnership notifies Company and the Selling Stockholders notify the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Selling Stockholders may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Td Synnex Corp), Underwriting Agreement (Td Synnex Corp), Underwriting Agreement (Td Synnex Corp)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such Units, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Rice Acquisition Corp. II), Underwriting Agreement (Rice Acquisition Corp. II), Underwriting Agreement (Rice Acquisition Corp.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such termsthe terms specified in this Agreement. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership or counsel for the Underwriters Underwriters’ Counsel may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Noble Midstream Partners LP), Underwriting Agreement (Noble Midstream Partners LP), Underwriting Agreement (Noble Midstream Partners LP)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Securities which it has agreed to purchase under this Agreementhereunder, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsSecurities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Securities on such terms. In the event that that, within the respective prescribed periods, the non-defaulting Underwriters Representatives notify the Partnership Company that they have so arranged for the purchase of such UnitsSecurities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsSecurities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone such the Time of Delivery Date for up to a period of not more than seven full business days days, in order to effect any whatever changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may thereby be made necessary in the Registration Statement, the Prospectus Pricing Disclosure Package or the Prospectus, or in any other document documents or arrangementarrangements, and the Partnership Company agrees to file promptly prepare any amendment amendments or supplement supplements to the Registration Statement, the Pricing Disclosure Package or the Prospectus or which in any such other document or arrangement that effects any such changesthe opinion of the Representatives may thereby be made necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any person substituted under this Section 12 with like effect as if such person had originally been a party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed Agreement with respect to purchasesuch Securities.

Appears in 4 contracts

Samples: Underwriting Agreement (Ameren Corp), Underwriting Agreement (Ameren Corp), Underwriting Agreement (Ameren Corp)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (First Advantage Corp), Underwriting Agreement (First Advantage Corp), Underwriting Agreement (Blink Charging Co.)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units Designated Securities that it has agreed to purchase under this the Pricing Agreement, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Designated Securities on the terms contained in this Agreementherein and therein. IfIn the event that, within 36 thirty six hours after any such default by any Underwriter, the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsDesignated Securities, then the Partnership Company shall be entitled to a further period of 36 thirty six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Designated Securities on such terms. In the event that that, within the respective prescribed periodsperiod, the non-defaulting Underwriters Representatives notify the Partnership Company that they have so arranged for the purchase of such UnitsDesignated Securities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsDesignated Securities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone the Time of Delivery for such Delivery Date Designated Securities for up to a period of not more than seven full business days days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus as amended or supplemented, or in any changes other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that 10 with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement.

Appears in 4 contracts

Samples: Walmart Inc., Walmart Inc., Wal Mart Stores Inc

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in on its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons reasonably satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Foamix Pharmaceuticals Ltd.), Underwriting Agreement (Menlo Therapeutics Inc.), Underwriting Agreement (Foamix Pharmaceuticals Ltd.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,” includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (Skyward Specialty Insurance Group, Inc.), Underwriting Agreement (Skyward Specialty Insurance Group, Inc.), Underwriting Agreement (Skyward Specialty Insurance Group, Inc.)

Defaulting Underwriters. (a) If, on any Delivery the Closing Date, any Underwriter defaults in its obligations to purchase the Units Notes that it has agreed to purchase under this Agreement, the remaining non-non- defaulting Underwriters may in their discretion arrange for the purchase of such Units Notes by the non-non- defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsNotes, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-non- defaulting Underwriters to purchase such Units Notes on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsNotes, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsNotes, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery the Closing Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Notes that a defaulting Underwriter agreed but failed to purchase.

Appears in 4 contracts

Samples: Underwriting Agreement (CNH Industrial Capital LLC), Underwriting Agreement (CNH Industrial Capital LLC), Underwriting Agreement (CNH Industrial Capital LLC)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons reasonably satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Kornit Digital Ltd.), Underwriting Agreement (Kornit Digital Ltd.), Underwriting Agreement (Kornit Digital Ltd.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.), Underwriting Agreement (WPX Energy, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such Units, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As Unless the context otherwise requires, as used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Social Leverage Acquisition Corp I), Underwriting Agreement (Social Leverage Acquisition Corp I), Underwriting Agreement (Social Leverage Acquisition Corp I)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations to purchase the Units that Notes which it has agreed to purchase at the Closing Date under this Agreement, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Notes on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsNotes, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure other persons another party or parties reasonably satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Notes on such terms. In the event that that, within the respective prescribed periodsperiod, the non-defaulting Underwriters Representatives notify the Partnership Company that they have so arranged for the purchase of such Unitsthe Notes, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsNotes, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone such Delivery the Closing Date for up to a period of not more than seven full business days days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, as amended or supplemented, or in any changes that other documents or arrangements, the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus which in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any person substituted under this Section with like effect as if such person had originally been a party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed Agreement with respect to purchasesuch Notes.

Appears in 3 contracts

Samples: Underwriting Agreement (Marsh & McLennan Companies, Inc.), Underwriting Agreement (Marsh & McLennan Companies, Inc.), Underwriting Agreement (Marsh & McLennan Companies, Inc.)

Defaulting Underwriters. (a) If, on the Closing Date or any Delivery Additional Closing Date, as the case may be, any Underwriter defaults in on its obligations obligation to purchase the Units Shares that it has agreed to purchase under this Agreementhereunder on such date, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 48 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 48 hours within which to procure arrange for other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In If, pursuant to the event that within preceding two sentences, other persons become obligated or agree to purchase the respective prescribed periods, the non-Shares of a defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsUnderwriter, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery the Closing Date or any Additional Closing Date, as the case may be, for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, Pricing Disclosure Package, the Final Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, Pricing Disclosure Package or the Final Prospectus or in any such other document or arrangement that effects necessary to effect any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwiseotherwise requires, any party person not listed in Schedule I hereto that, pursuant to this Section 9(a), purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Cyngn, Inc.), Underwriting Agreement (Volcon, Inc.), Underwriting Agreement (Volcon, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (EQT GP Holdings, LP), Underwriting Agreement (EQT GP Holdings, LP), Underwriting Agreement (EQT GP Holdings, LP)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Designated Securities which it has agreed to purchase under this Agreementthe Pricing Agreement relating to such Designated Securities, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Designated Securities on the terms contained in this Agreementherein. If, If within 36 hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsDesignated Securities, then the Operating Partnership shall be entitled to a further period of 36 hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Designated Securities on such terms. In the event that that, within the respective prescribed periodsperiod, the non-defaulting Underwriters Representatives notify the Operating Partnership that they have so arranged for the purchase of such UnitsDesignated Securities, or the Operating Partnership notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsDesignated Securities, either the non-defaulting Underwriters Representatives or the Operating Partnership may shall have the right to postpone the Time of Delivery for such Delivery Date Designated Securities for up to a period of not more than seven full business days days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any changes that other documents or arrangements, and the Operating Partnership agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus which in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement with respect to such Designated Securities.

Appears in 3 contracts

Samples: Underwriting Agreement (Brandywine Realty Trust), Underwriting Agreement (Brandywine Operating Partnership Lp /Pa), Underwriting Agreement (Brandywine Realty Trust)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Designated Securities which it has agreed to purchase under this Agreementthe Pricing Agreement relating to such Designated Securities, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Designated Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsDesignated Securities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Designated Securities on such terms. In the event that that, within the respective prescribed periodsperiod, the non-defaulting Underwriters Representatives notify the Partnership Company that they have so arranged for the purchase of such UnitsDesignated Securities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsDesignated Securities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone the Time of Delivery for such Delivery Date Designated Securities for up to a period of not more than seven full business days days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus as amended or supplemented, or in any changes that other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus which in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement with respect to such Designated Securities.

Appears in 3 contracts

Samples: Underwriting Agreement (Abbott Laboratories), Underwriting Agreement (Abbott Laboratories), Underwriting Agreement (Abbott Laboratories)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons reasonably satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Jarden Corp), Underwriting Agreement (Jarden Corp), Underwriting Agreement (Jarden Corp)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons reasonably satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Kornit Digital Ltd.), Underwriting Agreement (Kornit Digital Ltd.), Underwriting Agreement (Kornit Digital Ltd.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I 1 hereto that, pursuant to this Section 9, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 3 contracts

Samples: Underwriting Agreement (Macquarie Infrastructure Co LLC), Underwriting Agreement (Macquarie Infrastructure Co LLC), Underwriting Agreement (Macquarie Infrastructure Co LLC)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Selling Stockholder on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Selling Stockholder shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Selling Stockholder that they have so arranged for the purchase of such UnitsStock, or the Partnership notifies Selling Stockholder notify the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Selling Stockholder may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company, counsel for the Selling Stockholder or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement, Underwriting Agreement (Advanced Drainage Systems, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership Trust and the Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership Trust and the Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Trust and the Company that they have so arranged for the purchase of such Units, or the Partnership Trust and the Company notifies the non-defaulting Underwriters that it has they have so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Trust, counsel for the Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees Trust and the Company agree to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I 1 hereto that, pursuant to this Section 911, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Enduro Royalty Trust), Underwriting Agreement (Enduro Royalty Trust)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Designated Securities which it has agreed to purchase under this Agreementthe Pricing Agreement relating to such Designated Securities, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Designated Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsDesignated Securities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Designated Securities on such terms. In the event that that, within the respective prescribed periods, the non-defaulting Underwriters Representatives notify the Partnership Company that they the Representatives have so arranged for the purchase of such UnitsDesignated Securities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsDesignated Securities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone the Time of Delivery for such Delivery Date Designated Securities for up to a period of not more than seven full business days days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Final Prospectus as amended or supplemented, or in any changes that other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement or the Final Prospectus which in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As The term "Underwriter" as used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement with respect to such Designated Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Allstate Corp), Allstate Financing Vi

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Howard Midstream Partners, LP), Underwriting Agreement (Summit Midstream Partners, LP)

Defaulting Underwriters. (a) If, on any Delivery the Closing Date, any Underwriter defaults in its obligations obligation to purchase the Units Notes that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Notes by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsNotes, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Notes on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsNotes, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsNotes, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery the Closing Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Notes that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Las Vegas Sands Corp), Underwriting Agreement (Las Vegas Sands Corp)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (SMART Global Holdings, Inc.), Underwriting Agreement (SMART Global Holdings, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Designated Securities which it has agreed to purchase under this Agreementthe Pricing Agreement relating to such Designated Securities, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Designated Securities on the terms contained in this Agreementherein. If, If within 36 thirty‑six hours after any such default by any Underwriter, the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsDesignated Securities, then the Partnership Company shall be entitled to a further period of 36 thirty‑six hours within which to procure another party or other persons parties reasonably satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Designated Securities on such terms. In the event that that, within the respective prescribed periodsperiod, the non-defaulting Underwriters Representatives notify the Partnership Company that they have so arranged for the purchase of such UnitsDesignated Securities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsDesignated Securities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone the Time of Delivery for such Delivery Date Designated Securities for up to a period of not more than seven full business days days, in order to effect any whatever changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may thereby be made necessary in the Registration Statement, Statement or the Prospectus as amended or supplemented, or in any other document documents or arrangementarrangements, and the Partnership Company agrees to file promptly prepare any amendment amendments or supplement supplements to the Registration Statement, Statement or the Prospectus or which in any such other document or arrangement that effects any such changesthe reasonable opinion of the Representatives may thereby be made necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that 10 with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement with respect to such Designated Securities.

Appears in 2 contracts

Samples: Hershey Co, Hershey Co

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven five full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 912, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Silvergate Capital Corp), Underwriting Agreement (Silvergate Capital Corp)

Defaulting Underwriters. (a) If, on the Closing Date or any Delivery Additional Closing Date, as the case may be, any Underwriter defaults in on its obligations obligation to purchase the Units Firm Shares or Option Shares that it has agreed to purchase under this Agreementhereunder on such date, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Firm Shares or Option Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 48 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsFirm Shares or Option Shares, then the Partnership Company shall be entitled to a further period of 36 48 hours within which to procure arrange for other persons satisfactory to the non-defaulting Underwriters to purchase such Units Firm Shares or Option Shares on such terms. In If, pursuant to the event that within preceding two sentences, other persons become obligated or agree to purchase the respective prescribed periods, the non-Firm Shares or Option Shares of a defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsUnderwriter, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery the Closing Date or any Additional Closing Date, as the case may be, for up to seven full business days Business Days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, Pricing Disclosure Package, the Final Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, Pricing Disclosure Package or the Final Prospectus or in any such other document or arrangement that effects necessary to effect any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwiseotherwise requires, any party person not listed in Schedule I hereto that, pursuant to this Section 9(a), purchases Units Firm Shares or Option Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Maris Tech Ltd.), Underwriting Agreement (Maris Tech Ltd.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Trust and the Partnership on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Trust and the Partnership shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Trust and the Partnership that they have so arranged for the purchase of such Units, or the Trust and the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Trust, counsel for the Partnership or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Trust and the Partnership agrees agree to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I 1 hereto that, pursuant to this Section 911, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Purchase Agreement (Pacific Coast Oil Trust), Purchase Agreement (Pacific Coast Energy Co LP)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership Sponsor on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership Sponsor shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Sponsor that they have so arranged for the purchase of such Units, or the Partnership Sponsor notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership Sponsor may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership or the Sponsor or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Hi-Crush Partners LP), Underwriting Agreement (Hi-Crush Partners LP)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Securities that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Securities by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsSecurities, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Securities on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsSecurities, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsSecurities, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Securities that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Lerer Hippeau Acquisition Corp.), Underwriting Agreement (Lerer Hippeau Acquisition Corp.)

Defaulting Underwriters. (a) If, on any Delivery the First Closing Date or the Option Closing Date, as the case may be, any Underwriter defaults in on its obligations obligation to purchase the Units Offered Securities that it has agreed to purchase under this Agreementhereunder on such date, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Offered Securities by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsOffered Securities, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Offered Securities on such terms. In If other persons become obligated or agree to purchase the event that within the respective prescribed periods, the non-Offered Securities of a defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsUnderwriter, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery the First Closing Date or the Option Closing Date, as the case may be, for up to seven five full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, Statement and the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, Statement and the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwiseotherwise requires, any party person not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Offered Securities that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Resource Capital Corp.), Underwriting Agreement (Resource Capital Corp.)

Defaulting Underwriters. (a) If, on any Delivery the Closing Date, any Underwriter defaults in its obligations obligation to purchase the Units that principal amount of Notes which it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units principal amount of Notes by the non-defaulting Underwriters or other persons satisfactory to the Partnership on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Unitsprincipal amount of Notes, then the Partnership shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units principal amount of Notes on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Unitsprincipal amount of Notes, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Unitsprincipal amount of Notes, either the non-defaulting Underwriters or the Partnership may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units any principal amount of Notes that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Buckeye Partners, L.P.), Underwriting Agreement (Buckeye Partners, L.P.)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Securities which it has agreed to purchase under this the Pricing Agreement, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to purchase the Partnership Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsSecurities, then the Partnership Offerors shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Securities on such terms. In the event that that, within the respective prescribed periods, the non-defaulting Underwriters Representatives notify the Partnership Offerors that the Representatives have so arranged for the purchase of such Securities, or the Offerors notify the Representatives that they have so arranged for the purchase of such UnitsSecurities, the Representatives or the Partnership notifies Offerors shall have the non-defaulting Underwriters that it has so arranged right to postpone the Time of Delivery for the purchase such Securities for a period of such Unitsnot more than seven days, either the non-defaulting Underwriters or the Partnership may postpone such Delivery Date for up to seven full business days in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Final Prospectus as amended or supplemented, or in any changes that other documents or arrangements, and the Offerors agree to file promptly any amendments to the Registration Statement or the Final Prospectus which in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As The term "Underwriter" as used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement.

Appears in 2 contracts

Samples: Allstate Financing Vi, Allstate Corp

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Securities which it has agreed to purchase under this Agreementhereunder, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsSecurities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Securities on such terms. In the event that that, within the respective prescribed periods, the non-defaulting Underwriters Representatives notify the Partnership Company that they the Representatives have so arranged for the purchase of such UnitsSecurities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsSecurities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone such the Time of Delivery Date for up to a period of not more than seven full business days days, in order to effect any whatever changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may thereby be made necessary in the Registration StatementStatement or the Prospectus, the Prospectus or in any other document documents or arrangementarrangements, and the Partnership Company agrees to file promptly prepare any amendment or supplement amendments to the Registration Statement, Statement or the Prospectus or which in any such other document or arrangement that effects any such changesthe Representatives’ opinion may thereby be made necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of this as used in the Underwriting Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that 9 with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Underwriting Agreement with respect to such Securities.

Appears in 2 contracts

Samples: Underwriting Agreement (Microsoft Corp), Underwriting Agreement (Microsoft Corp)

Defaulting Underwriters. (a) If, on the Closing Date or any Delivery Additional Closing Date, as the case may be, any Underwriter defaults in on its obligations obligation to purchase the Units Shares that it has agreed to purchase under this Agreementhereunder on such date, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 24 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 24 hours within which to procure arrange for other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In If, pursuant to the event that within preceding two sentences, other persons become obligated or agree to purchase the respective prescribed periods, the non-Shares of a defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsUnderwriter, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery the Closing Date or any Additional Closing Date, as the case may be, for up to seven full business five days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, Pricing Disclosure Package, the Final Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, Pricing Disclosure Package or the Final Prospectus or in any such other document or arrangement that effects necessary to effect any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwiseotherwise requires, any party person not listed in Schedule I hereto that, pursuant to this Section 9(a), purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Serve Robotics Inc. /DE/), Underwriting Agreement (Serve Robotics Inc. /DE/)

Defaulting Underwriters. (a) If, on any the Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do have not arrange arranged for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such the Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement, Underwriting Agreement (Sterling Financial Corp /Wa/)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership and the Selling Unitholder shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it or the Selling Unitholder has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Antero Midstream Partners LP), Agreement

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (KC Holdco, LLC), Underwriting Agreement (Sun Country Airlines Holdings, Inc.)

Defaulting Underwriters. (a) If, on any Delivery the Closing Date, any Underwriter defaults in on its obligations obligation to purchase the Units Securities that it has agreed to purchase under this Agreementhereunder, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Securities by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any UnderwriterUnderwriters, the non-defaulting Underwriters do not arrange for the purchase of such UnitsSecurities, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Securities on such terms. In If other persons become obligated or agree to purchase the event that within the respective prescribed periods, the non-Securities of a defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsUnderwriter, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery the Closing Date for up to seven five full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration StatementTime of Sale Prospectus, the Prospectus Offering Memorandum or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Time of Sale Prospectus or in any such other document or arrangement the Prospectus that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwiseotherwise requires, any party person not listed in Schedule I II hereto that, pursuant to this Section 910, purchases Units Securities that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Keurig Dr Pepper Inc.), Underwriting Agreement (Keurig Dr Pepper Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Offered Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Offered Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsOffered Shares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Offered Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsOffered Shares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsOffered Shares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees Company and the Parent agree to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Offered Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (LinnCo LLC), Underwriting Agreement (LinnCo LLC)

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Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Notes that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Notes by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsNotes, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Notes on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsNotes, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsNotes, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I 1 hereto that, pursuant to this Section 9, purchases Units Notes that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Macquarie Infrastructure Corp), Underwriting Agreement (Macquarie Infrastructure Co LLC)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Firm Shares or Optional Shares which it has agreed to purchase under this Agreementthe Pricing Agreement relating to such Designated Shares, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Designated Shares on the terms contained in this Agreementherein. If, If within 36 hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsFirm Shares or Optional Shares, as the case may be, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Designated Shares on such terms. In the event that that, within the respective prescribed periodsperiod, the non-defaulting Underwriters Representatives notify the Partnership Company that they have so arranged for the purchase of such UnitsDesignated Shares, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsDesignated Shares, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone a Time of Delivery for such Delivery Date Designated Shares for up to a period of not more than seven full business days days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any changes that other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus which in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, will include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe Pricing Agreement with respect to such Designated Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Brandywine Operating Partnership, L.P.), Underwriting Agreement (Brandywine Realty Trust)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company and the Selling Stockholder shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company and the Selling Stockholder that they have so arranged for the purchase of such UnitsStock, or the Partnership notifies Company and the Selling Stockholder notify the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Selling Stockholder may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Sun Country Airlines Holdings, Inc.), Underwriting Agreement (Sun Country Airlines Holdings, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such Units, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 2 contracts

Samples: Underwriting Agreement (Motion Acquisition Corp.), Underwriting Agreement (Motion Acquisition Corp.)

Defaulting Underwriters. (a) If, on any Delivery the First Closing Date or the Optional Closing Date, as the case may be, any Underwriter defaults in on its obligations obligation to purchase the Units Offered Securities that it has agreed to purchase under this Agreementhereunder on such date, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Offered Securities by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsOffered Securities, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Offered Securities on such terms. In If other persons become obligated or agree to purchase the event that within the respective prescribed periods, the non-Offered Securities of a defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsUnderwriter, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery the First Closing Date or the Optional Closing Date, as the case may be, for up to seven five full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, Statement and the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, Statement and the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwiseotherwise requires, any party person not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Offered Securities that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Resource Capital Corp.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus Prospectuses or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus Prospectuses or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Open Text Corp)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Ebang International Holdings Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (NexImmune, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Hamilton Insurance Group, Ltd.)

Defaulting Underwriters. (a) Ifa)If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company and the Selling Stockholders shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company and the Selling Stockholders that they have so arranged for the purchase of such UnitsStock, or the Partnership notifies Company and the Selling Stockholders notify the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Selling Stockholders may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Sun Country Airlines Holdings, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Issuer on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Issuer shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Issuer that they have so arranged for the purchase of such UnitsStock, or the Partnership Issuer notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Issuer may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Issuer or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Issuer agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Letter Agreement (JGWPT Holdings Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter of the Underwriters defaults in its obligations to purchase the Units ADSs that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units ADSs by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriterof the Underwriters, the non-defaulting Underwriters do not arrange for the purchase of such UnitsADSs, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units ADSs on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsADSs, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsADSs, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of U.S. counsel for the Partnership Company or U.S. counsel for the Underwriters may be necessary in the Registration Statement, the F-6 Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units ADSs that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (GDC Technology LTD)

Defaulting Underwriters. (a) If, on any the Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership may postpone such the Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Summit Midstream Partners, LP)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units Designated Securities that it has agreed to purchase under this the applicable Pricing Agreement, the remaining non-defaulting Underwriters Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters themselves or another party or other persons satisfactory parties to the Partnership purchase such Designated Securities on the terms contained in this Agreementherein and therein. IfIn the event that, within 36 thirty-six hours after any such default by any Underwriter, the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsDesignated Securities, then the Partnership Company shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Designated Securities on such terms. In the event that that, within the respective prescribed periodsperiod, the non-defaulting Underwriters Representatives notify the Partnership Company that they have so arranged for the purchase of such UnitsDesignated Securities, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsDesignated Securities, either the non-defaulting Underwriters Representatives or the Partnership may Company shall have the right to postpone the Time of Delivery for such Delivery Date Designated Securities for up to a period of not more than seven full business days days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus as amended or supplemented, or in any changes other documents or arrangements, and the Company agrees to file promptly any amendments or supplements to the Registration Statement or the Prospectus that in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of as used in this Agreement unless the context requires otherwise, shall include any party not listed in Schedule I hereto that, pursuant to person substituted under this Section 9, purchases Units that 9 with like effect as if such person had originally been a defaulting Underwriter agreed but failed party to purchasethe applicable Pricing Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Wal Mart Stores Inc)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-non- defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Westlake Chemical Partners LP)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Trust and the Partnership on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Trust and the Partnership shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Trust and the Partnership that they have so arranged for the purchase of such Units, or the Trust and the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Trust, counsel for the Partnership or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Trust and the Partnership agrees agree to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I 1 hereto that, pursuant to this Section 913, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Purchase Agreement (Pacific Coast Oil Trust)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units ADSs that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units ADSs by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsADSs, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units ADSs on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsADSs, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsADSs, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units ADSs that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Mazor Robotics Ltd.)

Defaulting Underwriters. (a) If, on any Delivery Date, If any Underwriter defaults shall default in its obligations obligation to purchase the Units that Offered Securities which it has agreed to purchase under this the Terms Agreement, at the remaining non-defaulting Underwriters Time of Delivery, the Representatives may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters Representatives or another party or other persons satisfactory parties to the Partnership purchase such Offered Securities on the terms contained in this Agreementherein. If, If within 36 thirty-six hours after any such default by any Underwriter, Underwriter the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsOffered Securities, then the Partnership Company, or, in the case of Offered Debt Securities, the Issuers, shall be entitled to a further period of 36 thirty-six hours within which to procure another party or other persons parties reasonably satisfactory to the non-defaulting Underwriters Representatives to purchase such Units Offered Securities on such terms. In the event that that, within the respective prescribed periods, the non-defaulting Underwriters Representatives notify the Partnership Company, or, in the case of Offered Debt Securities, the Issuers, that they have so arranged for the purchase of such UnitsOffered Securities, or the Partnership notifies Company notifies, or, in the non-defaulting Underwriters case of Offered Debt Securities, the Issuers notify, the Representatives that it has or they have so arranged for the purchase of such UnitsOffered Securities, either the non-defaulting Underwriters Representatives or the Partnership may Company, or, in the case of Offered Debt Securities, the Issuers, shall have the right to postpone such the Time of Delivery Date for up to a period of not more than seven full business days days, in order to effect whatever changes may thereby be made necessary in the Registration Statement or the Prospectus, or in any changes that other documents or arrangements, and the Company agrees, or, in the case of Offered Debt Securities, the Issuers agree, to file promptly any amendments to the Registration Statement or the Prospectus which in the opinion of counsel for the Partnership or counsel for the Underwriters Representatives may thereby be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changesmade necessary. As used in this Agreement, the The term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase."

Appears in 1 contract

Samples: Jones Apparel Group Usa Inc

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Lufkin Industries Inc)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Attorneys-in-Fact on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Selling Shareholders shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Selling Shareholders that they have so arranged for the purchase of such UnitsShares, or the Partnership notifies Attorneys-in-Fact notify the non-defaulting Underwriters that it has they have so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company or the Attorneys-in-Fact may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or U.S. counsel for the Selling Shareholders or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees Company and the Selling Shareholders agree to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Letter Agreement (ZIM Integrated Shipping Services Ltd.)

Defaulting Underwriters. (a) If, on any Delivery the Closing Date, any Underwriter defaults in its obligations to purchase the Units Offered Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Offered Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Issuer on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsOffered Shares, then the Partnership Issuer shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Offered Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Issuer that they have so arranged for the purchase of such UnitsOffered Shares, or the Partnership Issuer notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsOffered Shares, either the non-defaulting Underwriters or the Partnership Issuer may postpone such Delivery the Closing Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Issuer or counsel for the Underwriters may be necessary in the Registration StatementTime of Sale Information, the Prospectus or in any other document or arrangement, and the Partnership Issuer agrees to promptly prepare any amendment or supplement to the Registration Statement, Time of Sale Information or the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 97, purchases Units Offered Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (American Realty Capital Properties, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven five full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Mid Penn Bancorp Inc)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership Sponsor on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership Sponsor shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Sponsor that they have so arranged for the purchase of such Units, or the Partnership Sponsor notifies the non-defaulting Underwriters that it has so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership Sponsor may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Hi-Crush Partners LP)

Defaulting Underwriters. (a) If, on any the Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company and the Selling Stockholders shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company and the Selling Stockholders that they have so arranged for the purchase of such UnitsStock, or the Partnership notifies Company and the Selling Stockholders notify the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Selling Stockholders may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Td Synnex Corp)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units by the non-defaulting Underwriters or other persons satisfactory to the Partnership and the Selling Unitholder on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Units, then the Partnership and the Selling Unitholder shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership and the Selling Unitholder that they have so arranged for the purchase of such Units, or the Partnership notifies and the Selling Unitholder notify the non-defaulting Underwriters that it has they have so arranged for the purchase of such Units, either the non-defaulting Underwriters or the Partnership and the Selling Unitholder may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership and the Selling Unitholder or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Summit Midstream Partners, LP)

Defaulting Underwriters. (a) If, on any Delivery the Closing Date, any Underwriter defaults in its obligations obligation to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery the Closing Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Las Vegas Sands Corp)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters Representatives, on behalf of the non-defaulting Underwriters, may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons reasonably satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters Representatives do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons reasonably satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters Representatives notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters Representatives that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters Representatives or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for Company or the Partnership or counsel for the Underwriters may be Representatives reasonably deem necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I 1 hereto that, pursuant to this Section 911, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Corsair Components, Inc.)

Defaulting Underwriters. (a) If, on any Delivery the Initial Closing Date or an Option Closing Date, as the case may be, any Underwriter defaults in its obligations to purchase the Units Notes that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Notes by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsNotes, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Notes on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsNotes, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsNotes, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery the Initial Closing Date or an Option Closing Date, as the case may be, for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Pricing Disclosure Package, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Pricing Disclosure Package, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units that a defaulting Underwriter agreed but failed to purchase.term

Appears in 1 contract

Samples: Underwriting Agreement (Veeco Instruments Inc)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I 1 hereto that, pursuant to this Section 911, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Macquarie Infrastructure CO LLC)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven five full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus Prospectus, the Disclosure Package or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus Prospectus, the Disclosure Package or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 910, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Notice Regarding Underwriting Agreement (Fulton Financial Corp)

Defaulting Underwriters. (a) Ifa)If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any ​ ​ party not listed in Schedule I hereto that, pursuant to this Section 9, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Latham Group, Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the reasonable opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter,includes, for all purposes of this Agreement unless the context requires otherwise, includes any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Archaea Energy Inc.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 98, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (TuanChe LTD)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in on its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons reasonably satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Foamix Pharmaceuticals Ltd.)

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Stock that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-non- defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (ANTERO RESOURCES Corp)

Defaulting Underwriters. (a) If, on any Delivery the Closing Date or the applicable Additional Closing Date, as the case may be, any Underwriter defaults in on its obligations obligation to purchase the Units Shares that it has agreed to purchase under this Agreementhereunder on such date, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Sellers on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Sellers shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In If other persons become obligated or agree to purchase the event that within the respective prescribed periods, the non-Shares of a defaulting Underwriters notify the Partnership that they have so arranged for the purchase of such Units, or the Partnership notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsUnderwriter, either the non-defaulting Underwriters or the Partnership Sellers may postpone the Closing Date or such Delivery Date Additional Closing Date, as the case may be, for up to seven five full business days in order to effect any changes that in the opinion of counsel for the Partnership Company, counsel for the Selling Stockholders or counsel for the Underwriters may be necessary in the Registration Statement, Statement and the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, Statement and the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwiseotherwise requires, any party person not listed in Schedule I hereto that, pursuant to this Section 912, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Mercadolibre Inc

Defaulting Underwriters. (a) If, on any Delivery Date, any Underwriter defaults in its obligations to purchase the Units Securities that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Stock by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsStock, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Units Stock on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsStock, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsStock, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven five full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 912, purchases Units Stock that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Silvergate Capital Corp)

Defaulting Underwriters. (a) If, on any the Delivery Date, any either Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any either Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons reasonably satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such the Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Kornit Digital Ltd.)

Defaulting Underwriters. (a) If, on any Delivery Date, any either Underwriter defaults in its obligations to purchase the Units Shares that it has agreed to purchase under this Agreement, the remaining non-defaulting Underwriters may in their discretion arrange for the purchase of such Units Shares by the non-defaulting Underwriters or other persons satisfactory to the Partnership Company on the terms contained in this Agreement. If, within 36 hours after any such default by any either Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such UnitsShares, then the Partnership Company shall be entitled to a further period of 36 hours within which to procure other persons reasonably satisfactory to the non-defaulting Underwriters to purchase such Units Shares on such terms. In the event that within the respective prescribed periods, the non-defaulting Underwriters notify the Partnership Company that they have so arranged for the purchase of such UnitsShares, or the Partnership Company notifies the non-defaulting Underwriters that it has so arranged for the purchase of such UnitsShares, either the non-defaulting Underwriters or the Partnership Company may postpone such Delivery Date for up to seven full business days in order to effect any changes that in the opinion of counsel for the Partnership Company or counsel for the Underwriters may be necessary in the Registration Statement, the Prospectus or in any other document or arrangement, and the Partnership Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Prospectus or in any such other document or arrangement that effects any such changes. As used in this Agreement, the term “Underwriter” includes, for all purposes of this Agreement unless the context requires otherwise, any party not listed in Schedule I hereto that, pursuant to this Section 911, purchases Units Shares that a defaulting Underwriter agreed but failed to purchase.

Appears in 1 contract

Samples: Underwriting Agreement (Kornit Digital Ltd.)

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