Conditions of Company's Obligations. The obligation of the ----------------------------------- Company to deliver the Securities shall be subject to the conditions that the Prospectus shall have been filed with the Commission pursuant to Rule 424 prior to 5:30 P.M., New York time, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwriters. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g) and 9 hereof.
Appears in 3 contracts
Samples: Underwriting Agreement (Txu Capital Iv), Underwriting Agreement (Txu Capital Iv), Underwriting Agreement (Txu Electric Capital Viii)
Conditions of Company's Obligations. The ----------------------------------- obligation of the ----------------------------------- Company to deliver the Securities shall be subject to the conditions that the Prospectus shall have been filed with the Commission pursuant to Rule 424 prior to 5:30 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwritersyou. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g5(g) and 9 8 hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Txu Capital I), Underwriting Agreement (Texas Utilities Co /Tx/)
Conditions of Company's Obligations. The ----------------------------------- obligation of the ----------------------------------- Company to deliver the Securities shall be subject to the conditions that the Prospectus shall have been filed with with, or transmitted for filing to, the Commission pursuant to Rule 424 prior to 5:30 6:00 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwritersyou. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g) and 9 hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Texas Utilities Electric Co), Underwriting Agreement (Tu Electric Capital V)
Conditions of Company's Obligations. The obligation ----------------------------------- of the ----------------------------------- Company to deliver the Debt Securities shall be subject to the conditions that the Prospectus shall have been filed with with, or transmitted for filing to, the Commission pursuant to Rule 424 prior to 5:30 6:00 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwritersyou. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g) and 9 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Texas Utilities Electric Co)
Conditions of Company's Obligations. The ___________________________________ obligation of the ----------------------------------- Company to deliver the Debt Securities shall be subject to the conditions that the Prospectus shall have been filed with with, or transmitted for filing to, the Commission pursuant to Rule 424 prior to 5:30 6:00 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwritersyou. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g) and 9 hereof.
Appears in 1 contract
Conditions of Company's Obligations. The obligation of the ----------------------------------- Company to deliver the Securities shall be subject to the conditions that the Prospectus shall have been filed with the Commission pursuant to Rule 424 prior to 5:30 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwritersyou. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g) and 9 hereof.
Appears in 1 contract
Conditions of Company's Obligations. The ----------------------------------- obligation of the ----------------------------------- Company to deliver the Preferred Securities shall be subject to the conditions that the Prospectus shall have been filed with with, or transmitted for filing to, the Commission pursuant to Rule 424 prior to 5:30 6:00 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwritersyou. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g) and 9 hereof.
Appears in 1 contract
Conditions of Company's Obligations. The ----------------------------------- obligation of the ----------------------------------- Company to deliver the Securities Shares shall be subject to the conditions that the Prospectus shall have been filed with the Commission pursuant to Rule 424 prior to 5:30 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwritersyou. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g5(g) and 9 8 hereof.
Appears in 1 contract
Conditions of Company's Obligations. The ----------------------------------- obligation of the ----------------------------------- Company to deliver the Debt Securities shall be subject to the conditions that the Prospectus shall have been filed with with, or transmitted for filing to, the Commission pursuant to Rule 424 prior to 5:30 6:00 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwritersyou. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g) and 9 hereof.
Appears in 1 contract
Conditions of Company's Obligations. The ----------------------------------- obligation of the ----------------------------------- Company to deliver the Securities shall be subject to the conditions that the Prospectus shall have been filed with the Commission pursuant to Rule 424 prior to 5:30 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwritersyou. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g) and 9 hereof.
Appears in 1 contract
Conditions of Company's Obligations. The ----------------------------------- obligation of the ----------------------------------- Company to deliver the Debt Securities shall be subject to the conditions that the Prospectus shall have been filed with the Commission pursuant to Rule 424 prior to 5:30 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwritersyou. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g) and 9 hereof.
Appears in 1 contract
Conditions of Company's Obligations. The obligation of the ----------------------------------- Company to deliver the Securities shall be subject to the conditions that the following conditions:
(a) The Prospectus shall have been filed with the Commission pursuant to Rule 424 prior to 5:30 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no .
(b) No stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these any of the conditions specified above in this Section 9 shall not have been fulfilledfulfilled as of the Closing Date, this Agreement may be terminated by the Company upon notice thereof to the UnderwritersRepresentatives. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g7(g) and 9 10 hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Txu Australia Holdings Partnership L P)
Conditions of Company's Obligations. The obligation of the ----------------------------------- Company to deliver the Securities shall be subject to the conditions that the Prospectus shall have been filed with the Commission pursuant to Rule 424 prior to 5:30 P.M., New York time, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwriters. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g) and 9 hereof.
Appears in 1 contract
Conditions of Company's Obligations. The obligation of the ----------------------------------- Company to deliver the Preferred Securities shall be subject to the conditions that the Prospectus shall have been filed with with, or transmitted for filing to, the Commission pursuant to Rule 424 prior to 5:30 6:00 P.M., New York timeTime, on the second business day after the date of this Agreement or such other time and date as may be approved by the Company, and no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceedings for that purpose shall be pending before, or threatened by, the Commission at the Closing Date. In case these conditions shall not have been fulfilled, this Agreement may be terminated by the Company upon notice thereof to the Underwritersyou. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 6(g) and 9 hereof.
Appears in 1 contract