Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 32 contracts
Samples: Terms Agreement (PepsiCo Singapore Financing I Pte. Ltd.), Terms Agreement (Murphy Oil Corp), Terms Agreement
Default by One or More of the Underwriters. If one or more of the Underwriters participating in the offer and sale of the Offered Notes shall fail at the Closing Time Date to purchase the Underwritten Securities Offered Notes which it or they are is obligated to purchase under the applicable Terms Agreement hereunder (the “Defaulted Securities”), then the remaining 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. If, however, the Underwriters shall have not have completed such arrangements within such 24-hour period, then:
Appears in 28 contracts
Samples: Underwriting Agreement (Afs Sensub Corp.), Underwriting Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Underwriting Agreement (Afs Sensub Corp.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “Defaulted Securities”), then the remaining Underwriters you 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 Underwriters you shall not have completed such arrangements within such 24-hour period, then:
Appears in 27 contracts
Samples: Underwriting Agreement (Kimco Realty Corp), Underwriting Agreement (Kimco Realty Corp), Underwriting Agreement (Kimco Realty Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or the relevant Date of Delivery, as the case may be, to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “Defaulted Securities”), then the remaining Underwriters you shall have the right, within 24 36 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 Underwriters you shall not have completed such arrangements within such 2436-hour period, then:
Appears in 23 contracts
Samples: Underwriting Agreement (SITE Centers Corp.), Underwriting Agreement (SITE Centers Corp.), Underwriting Agreement (DDR Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or an Option Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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, all of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 13 contracts
Samples: Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters you 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 Underwriters you shall not have completed such arrangements within such 24-hour period, then:
Appears in 12 contracts
Samples: Terms Agreement (Kimco Realty Corp), Terms Agreement (Kimco Realty Corp), Terms Agreement (Kimco Realty Corp)
Default by One or More of the Underwriters. (a) If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 11 contracts
Samples: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the applicable Closing Time Date to purchase the Underwritten Offered Securities which it or they are obligated to purchase hereunder and under the applicable Terms Agreement (the “Defaulted Securities”), then the remaining Underwriters you 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 set forth herein set forth; ifand in the applicable Terms Agreement. If, however, the Underwriters shall you have not have completed such arrangements within such 24-hour period, then:
Appears in 11 contracts
Samples: Underwriting Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L2), Underwriting Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series INABS 2006-E), Underwriting Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L4)
Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Underwritten Securities shall fail at the Closing Time Date to purchase the Underwritten Securities which that it is (or they are are) obligated to purchase under the applicable Terms Agreement hereunder (the “Defaulted Securities”), then the remaining 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. If, however, the non-defaulting Underwriters shall have not have completed such arrangements within such 24-hour period, then:
Appears in 11 contracts
Samples: Underwriting Agreement (Bayview Financial Securities Co LLC), Underwriting Agreement (BLG Securities Company, LLC), Underwriting Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-B)
Default by One or More of the Underwriters. (a) If one or more of the Underwriters shall fail at the Closing Time or any Date of Delivery to purchase the Underwritten Securities Shares which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted SecuritiesShares”), then the remaining 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 Shares in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 11 contracts
Samples: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 10 contracts
Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (H&r Block Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are then obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 underwritersunderwriters approved by the Company, 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 non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 10 contracts
Samples: Purchase Agreement (Delmarva Power & Light Co /De/), Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Atlantic City Electric Co)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters you 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 Underwriters you shall not have completed such arrangements within such 24-hour period, then:
Appears in 10 contracts
Samples: Underwriting Agreement (Colonial Realty Limited Partnership), Terms Agreement (Kimco Realty Corp), Underwriting Agreement (Beacon Properties Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 10 contracts
Samples: Underwriting Agreement (Memc Electronic Materials Inc), Purchase Agreement (Toyota Motor Credit Corp), Underwriting Agreement (Keystone Property Trust)
Default by One or More of the Underwriters. (a) If one or more of the Underwriters shall fail at the Closing Time or the Date of Delivery to purchase the Underwritten Securities Shares which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted SecuritiesShares”), then the remaining 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 Shares in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 9 contracts
Samples: Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP), Underwriting Agreement (Main Street Capital CORP)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 8 contracts
Samples: Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters you shall have the right, within 24 48 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 Underwriters you shall not have completed such arrangements within such 2448-hour period, then:
Appears in 8 contracts
Samples: Terms Agreement (Cornerstone Realty Income Trust Inc), Terms Agreement (United Dominion Realty Trust Inc), Terms Agreement (United Dominion Realty Trust Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Underwritten Securities Notes which it or they are obligated to purchase under the applicable Terms this Underwriting Agreement (the “Defaulted SecuritiesNotes”), then the remaining Underwriters shall have the right, but not the obligation, within 24 36 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwritersUnderwriters, to purchase all, but not less than all, of the Defaulted Securities Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Underwriters shall not have completed such arrangements within such 2436-hour period, then:
Appears in 7 contracts
Samples: Firstenergy Corp, Firstenergy Corp, Firstenergy Corp
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the applicable Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “Defaulted Securities”), then the remaining Underwriters you 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 Underwriters you shall not have completed such arrangements within such 24-hour period, then:
Appears in 7 contracts
Samples: Underwriting Agreement (Kimco Realty Corp), Underwriting Agreement (Kimco Realty Corp), Underwriting Agreement (Kimco Realty Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the applicable Closing Time or the relevant Date of Delivery, as the case may be, to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters you 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 Underwriters you shall not have completed such arrangements within such 24-hour period, then:
Appears in 7 contracts
Samples: Purchase Agreement (Post Apartment Homes Lp), Terms Agreement (Equity Residential Properties Trust), Terms Agreement (Post Properties Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 7 contracts
Samples: Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 7 contracts
Samples: Underwriting Agreement (Lasalle Hotel Properties), Purchase Agreement (Lodgian Inc), Keystone Property Trust
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 6 contracts
Samples: Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.), Purchase Agreement (Arch Capital Group Ltd.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Underwritten Securities Notes which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters shall have the right, but not the obligation, 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 6 contracts
Samples: Underwriting Agreement (World Omni Automobile Lease Securitization Trust 2020-B), Underwriting Agreement (World Omni LT), Underwriting Agreement (World Omni LT)
Default by One or More of the Underwriters. If one or more of the Underwriters participating in the public offering of the Underwritten Certificates shall fail at the Closing Time Date to purchase the Underwritten Securities Certificates which it is (or they are are) obligated to purchase under the applicable Terms Agreement hereunder (the “Defaulted SecuritiesCertificates”), then the remaining 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 Certificates in such amounts as may be agreed upon and upon the terms herein set forth; if. If, however, the Underwriters shall have not have completed such arrangements within such 24-hour period, then:
Appears in 6 contracts
Samples: Argent Securities (Argent Securities Inc. Series 2006-W3 Trust), Option One Mortgage Acceptance (Option One Mortgage Loan Trust 2007-1), Argent Securities (Argent Securities Trust 2006-M1)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are then obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 underwritersunderwriters approved by the Company, 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 non-defaulting Underwriters shall not have completed such arrangements within such 24-24 hour period, then:
Appears in 6 contracts
Samples: Tucson Electric Power Company (Tucson Electric Power Co), Underwriting Agreement (Avista Corp), Underwriting Agreement (Tucson Electric Power Co)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or the relevant Date of Delivery, as the case may be, to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters Xxxxxxx Xxxxx 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 Underwriters Xxxxxxx Xxxxx shall not have completed such arrangements within such 24-hour period, then:
Appears in 6 contracts
Samples: Underwriting Agreement (Beacon Properties L P), Terms Agreement (Seagull Energy Corp), Underwriting Agreement (Beacon Properties Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or the relevant Date of Delivery, as the case may be, to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters shall Merrxxx Xxxcx xxxll 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 Underwriters shall Merrxxx Xxxcx xxxll not have completed such arrangements within such 24-hour period, then:
Appears in 5 contracts
Samples: Terms Agreement (Seagull Energy Corp), Underwriting Agreement (Solectron Corp), Underwriting Agreement (Simon Property Group L P /De/)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement at such time (the “Defaulted Securities”), then the remaining Underwriters Xxxxxxx Xxxxx 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 Underwriters Xxxxxxx Xxxxx shall not have completed such arrangements within such 24-hour period, then:
Appears in 5 contracts
Samples: Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp), Purchase Agreement (Realty Income Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Time Date to purchase the Underwritten Securities which Senior Notes that it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining 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. If, however, the non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 4 contracts
Samples: Georgia Power Co, Gulf Power Co, Gulf Power Co
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are is obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters other Underwriter 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 Underwriters other Underwriter shall not have completed such arrangements within such 24-hour period, then:
Appears in 4 contracts
Samples: Underwriting Agreement (Intercept Pharmaceuticals, Inc.), Underwriting Agreement (Intercept Pharmaceuticals, Inc.), Underwriting Agreement (Intercept Pharmaceuticals Inc)
Default by One or More of the Underwriters. (a) If one or more of the Underwriters shall fail at the Closing Time or any Date of Delivery to purchase the Underwritten Securities Shares which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted SecuritiesShares”), then the remaining 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 Shares in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 4 contracts
Samples: Prospect Capital Corp, Prospect Energy Corp, Gladstone Investment Corporation\de
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters shall have the right, within 24 48 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters (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 Underwriters shall not have completed such arrangements within such 2448-hour period, then:
Appears in 4 contracts
Samples: Underwriting Agreement (Pinnacle Foods Inc.), Underwriting Agreement (Pinnacle Foods Inc.), Underwriting Agreement (Pinnacle Foods Inc.)
Default by One or More of the Underwriters. If one or more any of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more any 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 4 contracts
Samples: Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.), Underwriting Agreement (Grupo Televisa, S.A.B.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 underwritersof the 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 non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 4 contracts
Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
Default by One or More of the Underwriters. (a) If one or more of the Underwriters shall fail at the Closing Time or any Date of Delivery to purchase the Underwritten Securities principal amount of the Notes which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted SecuritiesNotes”), then the remaining 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 Notes in such principal amounts as may be agreed upon and upon the terms herein set forth; if, however, the Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or any Additional Closing Time, as the case may be, to purchase the Underwritten Securities which it is, or they are are, obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters Representatives shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, Underwriters or any other underwriters, underwriter(s) 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 Underwriters non-defaulting Underwriter shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Simon Property Group Inc /De/), Underwriting Agreement (Simon Property Group Inc /De/), Underwriting Agreement (Simon Property Group Inc /De/)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-24 hour period, then:
Appears in 3 contracts
Samples: VWR Corporation (VWR Corp), Underwriting Agreement (VWR Corp), Underwriting Agreement (VWR Corp)
Default by One or More of the Underwriters. (a) If one or more of the Underwriters shall fail at the Closing Time Date or the Additional Closing Date, as the case may be, to purchase the Underwritten Securities which Shares that it or they are obligated has agreed to purchase under the applicable Terms this Agreement (the “Defaulted SecuritiesShares”), then the remaining 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 underwritersUnderwriters, to purchase all, but not less than all, of the such Defaulted Securities Shares, in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (T-Mobile US, Inc.), T-Mobile US, Inc., T-Mobile US, Inc.
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining 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 non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Purchase Agreement (Potomac Electric Power Co), Delmarva Power & Light Co /De/, Pepco Holdings Inc
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities Notes which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted SecuritiesNotes”), then the remaining non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the such non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the such non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Occidental Petroleum Corp /De/), Underwriting Agreement (Occidental Petroleum Corp /De/), Underwriting Agreement (Occidental Petroleum Corp /De/)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or the relevant Date of Delivery, as the case may be, to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining 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 non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Terms Agreement (Sirius Satellite Radio Inc), Underwriting Agreement (Cd Radio Inc), Terms Agreement (Sirius Satellite Radio Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or date of delivery, if any, to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Underwriting Agreement (the “Defaulted Securities”), then the remaining 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. If, however, the Underwriters shall not have completed such arrangements within such 24-24 hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Shaw Communications Inc), Underwriting Agreement (Shaw Communications Inc), Underwriting Agreement (Shaw Communications Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters [Representative[s]][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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Purchase Agreement (Orange), Purchase Agreement (Orange), Purchase Agreement (Orange)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the applicable Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters you 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 Underwriters you shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Terms Agreement (Equity Residential Properties Trust), Underwriting Agreement (Kimco Realty Corp), Erp Operating LTD Partnership
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are then obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 underwritersunderwriters approved by the Company, 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 non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Purchase Agreement (Pepco Holdings Inc), Purchase Agreement (Atlantic City Electric Co), Purchase Agreement (Atlantic City Electric Co)
Default by One or More of the Underwriters. If one or more ------------------------------------------ of the Underwriters shall fail at on the Closing Time Date to purchase the Underwritten Offered Securities which it or they are obligated to purchase hereunder and under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters you 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 set forth herein set forth; ifand in the applicable Terms Agreement. If, however, the Underwriters shall you have not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Firstplus Investment Corp), Terms Agreement (Firstplus Investment Corp), Execution (Firstplus Investment Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing applicable Time of Delivery to purchase the Underwritten Securities which that it or they are obligated to purchase under the applicable Terms Agreement (the “Defaulted Securities”), then the remaining Underwriters you 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 forthforth in this Agreement; if, however, the Underwriters shall you have not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Royal Caribbean Cruises LTD), Terms Agreement (Royal Caribbean Cruises LTD), Terms Agreement (Royal Caribbean Cruises LTD)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “Defaulted Securities”), then the remaining Underwriters you shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting 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 Underwriters you shall not have completed such arrangements within such 24-hour 24‑hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Kimco Realty Corp), Underwriting Agreement (Kimco Realty Corp), Underwriting Agreement (Kimco Realty Corp)
Default by One or More of the Underwriters. If one or more of ------------------------------------------ the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters you 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 Underwriters you shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Terms Agreement (Colonial Properties Trust), Underwriting Agreement (Colonial Properties Trust), Terms Agreement (Colonial Properties Trust)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the First Closing Time Date or at the Second Closing Date to purchase the Underwritten First Capital Securities or the Optional Capital Securities, as the case may be, which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwritersUnderwriters, 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Fidbank Capital Trust I), Underwriting Agreement (Southern Bancshares Nc Inc), City Holding Capital Trust Ii
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities Initial Shares which it or they are obligated to purchase under the applicable Terms Agreement hereunder (the “"Defaulted Securities”"), then the remaining Underwriters Xxxxxxx Xxxxx 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 Underwriters Xxxxxxx Xxxxx shall not have completed such arrangements within such 24-hour period, then:
Appears in 3 contracts
Samples: Hospitality Properties Trust, Hospitality Properties Trust, Hospitality Properties Trust
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting UnderwritersUnderwriters or the Sub-underwriter, 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Purchase Agreement (Gerdau Ameristeel Corp), Purchase Agreement (Gerdau Ameristeel Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Initial Closing Time or at any Additional Closing Time to purchase the Underwritten Securities which Firm Shares or Additional Shares hereunder that it or they are obligated to purchase under the applicable Terms pursuant to this Agreement (the “"Defaulted Securities”Shares"), then the remaining 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 Shares in such amounts as may be agreed upon and upon the terms herein set forthforth in this Agreement; if, however, the Underwriters shall have not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Cablevision Systems Corp /Ny), Underwriting Agreement (At&t Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting 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 Underwriters shall not have completed such arrangements within such 24-hour 24‑hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (KKR Real Estate Finance Trust Inc.), Underwriting Agreement (KKR Real Estate Finance Trust Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Dow Chemical Co /De/), Dow Chemical Co /De/
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities Firm Shares which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted SecuritiesShares”), then the remaining 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 underwritersUnderwriters, to purchase all, but not less than all, of the Defaulted Securities Shares in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Xerox Corp), Underwriting Agreement (Xerox Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Underwritten Securities [Offered] Notes which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters [Representatives] [Underwriters] shall have the right, but not the obligation, 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 Underwriters [Representatives] [Underwriters] shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (World Omni LT), Underwriting Agreement (World Omni Auto Leasing LLC)
Default by One or More of the Underwriters. (a) If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Capital Southwest Corp), Capital Southwest Corp
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining 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. If, however, the non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Purchase Agreement (Pepco Holdings Inc), Purchase Agreement (Potomac Electric Power Co)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities Notes which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted SecuritiesNotes”), then the remaining 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 underwritersUnderwriters, to purchase all, but not less than all, of the Defaulted Securities Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Xerox Corp), Underwriting Agreement (Xerox Corp)
Default by One or More of the Underwriters. (a) If one or more of the Underwriters shall fail at the Closing Time or any Date of Delivery to purchase the Underwritten Securities Shares which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted SecuritiesShares”), then the remaining Underwriters shall have the right, within 24 twenty-four (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 Shares in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Underwriters shall not have completed such arrangements within such 24twenty-hour four (24)-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Stellus Capital Investment Corp), Underwriting Agreement (Stellus Capital Investment Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or an Option Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining 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, all of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Energy Income & Growth Fund, Energy Income & Growth Fund
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the applicable Closing Time or the relevant Date of Delivery, as the case may be, to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters you 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 Underwriters you shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Terms Agreement (Prime Retail Inc), Prime Retail (Prime Retail Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)
Default by One or More of the Underwriters. If there is more than one Underwriter party to this Agreement and if one or more of the such Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which that it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Time of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities Notes which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”Notes"), then the remaining non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the such non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities Notes in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the such non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Occidental Petroleum Corp /De/, Occidental Petroleum Corp /De/
Default by One or More of the Underwriters. (a) If one or more of the Underwriters shall fail at the Closing Time or any Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Stellus Capital Investment Corp), Underwriting Agreement (Stellus Capital Investment Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting 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 Underwriters shall not have completed such arrangements within such 24-hour 24‑hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 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, however, the non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or the relevant Date of Delivery, as the case may be, to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters you 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 Underwriters you shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Washington Real Estate Investment Trust), Washington Real Estate Investment Trust
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or the Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Hawaiian Electric Industries Inc, Hawaiian Electric Industries Inc
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities Notes which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”Notes"), then the remaining non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the such non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities Notes in such amounts as may be agreed upon and upon the terms herein set forth; : if, however, the such non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 2 contracts
Samples: Occidental Petroleum Corp /De/, Underwriting Agreement (Occidental Petroleum Corp /De/)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Underwritten Securities Notes which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwritersUnderwriters, 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Underwritten Securities Notes which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwritersUnderwriters, 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters shall have the right, within 24 36 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; ifprovided, however, that if the Underwriters shall not have completed such arrangements within such 2436-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting 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 Underwriters shall not have completed such arrangements within such 24-hour 24‑hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining Underwriters 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, 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or the relevant Date of Delivery, as the case may be, to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters [Underwriter] shall have the right, within 24 36 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 Underwriters [Underwriter] shall not have completed such arrangements within such 2436-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Enterprise Capital Trust Iii)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or the relevant Date of Delivery, as the case may be, to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining Underwriters Xxxxxxx Xxxxx 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 Underwriters Xxxxxxx Xxxxx shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the First Closing Time Date or at the Second Closing Date to purchase the Underwritten Firm Preferred Securities or the Optional Preferred Securities, as the case may be, which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwritersUnderwriters, 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or at any Option Date of Delivery to purchase the Underwritten Securities which it or they are then obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 underwritersunderwriters approved by the Company and the Forward Counterparty, 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 non-defaulting Underwriters shall not have completed such arrangements within such 24-24 hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. (a) If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities Shares which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted SecuritiesShares”), then the remaining 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 Shares in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Default by One or More of the Underwriters. If one or more ------------------------------------------ of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters [name of underwriter] 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 Underwriters [name of underwriter] shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Caterpillar Financial Services Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters 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, 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 Underwriters shall not have completed such arrangements within such 24-24 hour period, then:
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Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms Agreement (the “"Defaulted Securities”"), then the remaining Underwriters [Lead Underwriter] 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 Underwriters [Lead Underwriter] shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement and Terms Agreement (Kellwood Co)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Time Date to purchase the Underwritten Securities which Senior Notes that it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining 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 non-defaulting Underwriters shall not have completed such arrangements within such 24-hour period, then:
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Samples: Alabama Power Co
Default by One or More of the Underwriters. If there is more than one Underwriter party to this Agreement and if one or more of the such Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Underwritten Securities which that it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
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Default by One or More of the Underwriters. If one or more of the Underwriters shall fail fails at the Closing Time to purchase the Underwritten Debt Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Debt Securities”), then the remaining Underwriter or Underwriters shall will have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting nondefaulting Underwriters, or any other underwriter or underwriters, to purchase all, but not less than all, of the Defaulted Debt Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the remaining Underwriter or Underwriters shall do not have completed complete such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Purchase Agreement (Oge Energy Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail fails at the Closing Time or a Date of Delivery to purchase the Underwritten Preferred Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Securities”"), then the remaining Underwriters non-defaulting Underwriter shall have the right, within 24 hours thereafterof the Closing Time, to make arrangements for one or more of the non-defaulting Underwriters, it or any other underwriters, person(s) selected by it as substitute Underwriter(s) to purchase all, but not less than all, all or some of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forthforth in this Agreement; if, however, the Underwriters non-defaulting Underwriter shall not have completed such arrangements within such 24-hour period, then:then this Agreement shall terminate without liability on the part of the non-defaulting Underwriter. No action taken pursuant to this Section 10 shall
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Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are then obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 underwritersunderwriters approved by the Company, 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 non- defaulting Underwriters shall not have completed such arrangements within such 24-24 hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Avista Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or the relevant Date of Delivery, as the case may be, to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Underwriting Agreement (the “"Defaulted Securities”"), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Ace LTD
Default by One or More of the Underwriters. If there is more than one Underwriter party to this Agreement and if one or more of the Underwriters shall fail at the Closing Time to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
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Default by One or More of the Underwriters. If one or more of the Underwriters shall fail fails at the Closing Time to purchase the Underwritten Debt Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “"Defaulted Debt Securities”"), then the remaining Underwriter or Underwriters shall will have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriter or underwriters, to purchase all, but not less than all, of the Defaulted Debt Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the remaining Underwriter or Underwriters shall do not have completed complete such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Oge Energy Corp
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Underwritten Securities which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining non-defaulting Underwriters shall have the right, within 24 hours thereafter, to make arrangements for one or more of the non-defaulting Underwritersto purchase, or to make arrangements for any other underwritersunderwriters to purchase, 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 non-defaulting Underwriters shall not have completed such arrangements within such 24-24 hour period, then:
Appears in 1 contract
Samples: Webster Financial Corp
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time Date to purchase the Underwritten Securities [Underwritten] Notes which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining Underwriters shall have the right, but not the obligation, 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
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Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the applicable Closing Time or the relevant Date of Delivery, as the case may be, to purchase the Underwritten Securities Shares which it or they are obligated to purchase under the applicable Terms Pricing Agreement (the “"Defaulted Securities”"), then the remaining Underwriters you 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 Underwriters you shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
Samples: Purchase Agreement (Lexington Corporate Properties Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing a Time of Delivery to purchase the procure subscribers for or, failing which, to subscribe itself for any Underwritten Securities Shares which it or they are obligated to purchase under the applicable Terms this Agreement (the “Defaulted Securities”), then the remaining 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 Underwriters shall not have completed such arrangements within such 24-hour period, then:
Appears in 1 contract
