Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 77 contracts
Samples: Underwriting Agreement (Southern Co), Underwriting Agreement (Southern Co), Underwriting Agreement (Southern Co)
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “"Defaulted Securities”"), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 24 contracts
Samples: Underwriting Agreement (Georgia Power Co), Underwriting Agreement (Gulf Power Co), Alabama Power Co
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, underwriters to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 19 contracts
Samples: Underwriting Agreement (Alabama Power Co), Underwriting Agreement (Alabama Power Co), Underwriting Agreement (Georgia Power Co)
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “"Defaulted Securities”"), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 16 contracts
Samples: Georgia Power Co, Gulf Power Co, Georgia Power Co
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 6 contracts
Samples: Southern Co, Southern Co, Southern Co
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, underwriters to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 5 contracts
Samples: Underwriting Agreement (Georgia Power Co), Underwriting Agreement (Alabama Power Co), Underwriting Agreement (Georgia Power Co)
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “"Defaulted Securities”"), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, underwriters to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 5 contracts
Samples: Alabama Power Co, Alabama Power Co, Alabama Power Co
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “"Defaulted Securities”"), the Representatives non-defaulting Underwriter shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting UnderwritersUnderwriter, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives non-defaulting Underwriter shall not have completed such arrangements within such 24-hour period, then:
Appears in 4 contracts
Samples: Gulf Power Co, Georgia Power Co, Alabama Power Co
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, underwriters to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 4 contracts
Samples: Georgia Power Co, Georgia Power Co, Georgia Power Co
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes Securities that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Southern Co Gas), Underwriting Agreement (SOUTHERN Co GAS), SOUTHERN Co GAS
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes shares of the Preference Stock that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, underwriters to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Alabama Power Co), Underwriting Agreement (Alabama Power Co), Georgia Power Co
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives non-defaulting Underwriter shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting UnderwritersUnderwriter, or any other underwriters, underwriters to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives non-defaulting Underwriter shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Southern Co), Underwriting Agreement (Southern Co), Georgia Power Co
Default by an Underwriter. If an Underwriter one or more of the Underwriters shall fail on at the Closing Date Time or a date of delivery to purchase the Senior Notes that Securities which it is or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Alpha Healthcare Acquisition Corp Iii), Underwriting Agreement (Alpha Healthcare Acquisition Corp Iii)
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “"Defaulted Securities”"), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting UnderwritersUnderwriter, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Georgia Power Co, Georgia Power Co
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Georgia Power Co, Underwriting Agreement (Mississippi Power Co)
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes shares of the Preference Stock that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting UnderwritersUnderwriter, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Gulf Power Co
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes (including any Option Notes) that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Southern Co
Default by an Underwriter. If an Underwriter one or more of the ------------------------------------ Underwriters shall fail on the at Closing Time or a Date of Delivery to purchase the Senior Notes that Securities which it is or they are obligated to purchase under this Agreement (the “"Defaulted Securities”"), the Representatives shall have the right, within with 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Default Securities in such amounts as may be agreed upon and upon the terms herein set forth. If; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Electronic Data Systems Corp /De/
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting UnderwritersUnderwriter, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes Preferred Stock that it is obligated to purchase under this Agreement (the “"Defaulted Securities”"), the Representatives Representative shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Alabama Power Co
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, underwriters to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein NY1 999544v4 set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:set
Appears in 1 contract
Default by an Underwriter. If an Underwriter shall fail on the Closing Date or the Option Closing Date, as applicable, to purchase the Senior Notes Corporate Units that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: The Southern Company (Southern Co)
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-non- defaulting Underwriters, or any other underwriters, underwriters to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Georgia Power Co
Default by an Underwriter. If an Underwriter one or more of the ------------------------------------ Underwriters shall fail on the at Closing Time or a Date of Delivery to purchase the Senior Notes that Securities which it is or they are obligated to purchase under this Agreement (the “"Defaulted Securities”"), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Default Securities in such amounts as may be agreed upon and upon the terms herein set forth. If; if, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Electronic Data Systems Corp /De/
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “"Defaulted Securities”"), the Representatives non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Georgia Power Co
Default by an Underwriter. If an Underwriter one of the Underwriters shall fail on at the Closing Date to purchase the Senior Notes that Securities which it is obligated to purchase under this Agreement (the “"Defaulted Securities”"), the Representatives Representative shall have the right, but not the obligation, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting UnderwritersUnderwriter, or any other underwritersunderwriter, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If; if, however, the Representatives Representative shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Fleetwood Credit Receivables Corp
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, underwriters to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Georgia Power Co
Default by an Underwriter. If an Underwriter shall fail on the Closing Date to purchase the Senior Notes shares of the Preference Stock that it is obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth. If, however, the Representatives shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
