Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date to purchase the Shares that it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 12 contracts
Samples: Underwriting Agreement (Agree Realty Corp), Underwriting Agreement (Agree Realty Corp), Underwriting Agreement (Agree Realty 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 or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 11 contracts
Samples: Underwriting Agreement (Cannae Holdings, Inc.), Underwriting Agreement (Cannae Holdings, Inc.), Underwriting Agreement (Cambridge Bancorp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date time of purchase to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 11 contracts
Samples: Underwriting Agreement (Hersha Hospitality Trust), Underwriting Agreement (Hersha Hospitality Trust), Underwriting Agreement (Hersha Hospitality 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 or an Option Closing Date of Delivery to purchase the Shares that Units which it or they are obligated to purchase under this Agreement (the “Defaulted SharesUnits”), 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 Shares Units 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 24-hour period, then:
Appears in 11 contracts
Samples: Underwriting Agreement (Delek Logistics Partners, LP), Underwriting Agreement (NextEra Energy Partners, LP), Underwriting Agreement (NextEra Energy Partners, LP)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares 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 24-hour period, then:
Appears in 9 contracts
Samples: Underwriting Agreement (Gabelli Multimedia Trust Inc.), Underwriting Agreement (Gabelli Equity Trust Inc), Highland Income Fund\ma
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or any Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “"Defaulted Shares”"), 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 Shares 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 24-hour period, then:
Appears in 8 contracts
Samples: Tortoise Energy Capital Corp, Underwriting Agreement (RMK Advantage Income Fund, Inc.), RMK Strategic (RMK Strategic Income Fund Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing closing Time or a Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “"Defaulted Shares”"), 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 Shares 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 24-hour period, then:
Appears in 8 contracts
Samples: Purchase Agreement (Muni California Intermediate Duration Fund Inc), Purchase Agreement (Floating Rate Income Strategies Fund Ii Inc), Purchase Agreement (Muni Intermediate Duration Fund Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Date or an Option Closing on any Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 6 contracts
Samples: Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at on the Closing Date or an Option Closing Date to purchase the Shares that Underwritten Notes which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares 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 24-hour period, then:
Appears in 6 contracts
Samples: Underwriting Agreement (Barclays Dryrock Funding LLC), Underwriting Agreement (Barclays Dryrock Funding LLC), Underwriting Agreement (Barclays Dryrock Funding LLC)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or any Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesDEFAULTED SHARES”), 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 Shares 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 24-hour period, then:
Appears in 5 contracts
Samples: Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Infrastructure 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 or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 5 contracts
Samples: Underwriting Agreement (Maxeon Solar Technologies, Ltd.), Underwriting Agreement (Maxeon Solar Technologies, Ltd.), Underwriting Agreement (CenterState Banks, 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 or an Option Closing Date of Delivery to purchase the Shares that AMPS which it or they are obligated to purchase under this Agreement (the “"Defaulted Shares”"), 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 Shares 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 24-hour period, then:
Appears in 5 contracts
Samples: Purchase Agreement (Blackrock California Municipal Income Trust Ii), Purchase Agreement (Blackrock New York Municipal Income Trust Ii), Blackrock Municipal 2018 Term 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 or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “"Defaulted Shares”"), 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 Shares 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 24-hour period, then:
Appears in 4 contracts
Samples: Purchase Agreement (Enhanced Government Income Fund), Purchase Agreement (Capital & Income Strategies Fund Inc), Purchase Agreement (Enhanced Equity Yield & Premium Fund, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Firm Shares that it or they are obligated to purchase under this Agreement (the “"Defaulted Shares”"), the Representatives 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 Shares in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives shall you have not have completed such arrangements within such 24 24-hour period, then:
Appears in 4 contracts
Samples: Underwriting Agreement (Cendant Corp), Underwriting Agreement (Cendant Corp), Underwriting Agreement (Cendant Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 4 contracts
Samples: Underwriting Agreement (Maxeon Solar Technologies, Ltd.), Underwriting Agreement (Union Bankshares Corp), Underwriting Agreement (Atlantic Capital Bancshares, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date Time or an Option a Secondary Closing Date to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 4 contracts
Samples: Underwriting Agreement (Trinity Capital Inc.), Underwriting Agreement (Trinity Capital Inc.), Underwriting Agreement (Trinity Capital Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), the Representatives 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 Shares 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 36-hour period, then:
Appears in 4 contracts
Samples: Notice Regarding Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (M&t Bank Corp), Underwriting Agreement (M&t Bank 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 or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares 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 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Spirit of Texas Bancshares, Inc.), Underwriting Agreement (Ameris Bancorp), Underwriting Agreement (Equity Office Properties Trust)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares 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 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Gabelli Dividend & Income Trust), Underwriting Agreement (Gabelli Multimedia Trust Inc.), Underwriting Agreement (Gabelli Equity Trust 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 or an Option Closing Date of Delivery to purchase the Shares that Units which it or they are obligated to purchase under this Agreement (the “Defaulted SharesUnits”), 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 Shares Units 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 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Stonemor Partners Lp), Purchase Agreement (Universal Compression Partners, L.P.), Purchase Agreement (Universal Compression Partners, L.P.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 3 contracts
Samples: Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust 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 or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares 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 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (Veritex Holdings, Inc.), Underwriting Agreement (Independent Bank Group, Inc.), Underwriting Agreement (Veritex Holdings, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date to purchase the Shares Units that it or they are obligated to purchase under this Agreement (the “Defaulted SharesUnits”), 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 Shares Units 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 24-hour period, then:
Appears in 3 contracts
Samples: Underwriting Agreement (NGL Energy Partners LP), Underwriting Agreement (NGL Energy Partners LP), Underwriting Agreement (NGL Energy Partners LP)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at Closing Time or the Additional Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (TreeHouse Foods, Inc.), Underwriting Agreement (TreeHouse Foods, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing closing Time or a Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “"Defaulted Shares”"), 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 Shares 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 24-hour period, then:
Appears in 2 contracts
Samples: Purchase Agreement (Preferred Income Strategies Fund Inc), Purchase Agreement (Corporate High Yield Vi)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Initial Shares that which it or they are obligated to purchase under this Agreement hereunder (the “Defaulted SharesSecurities”), then 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 Shares 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 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (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 Date or an any Option Closing Date to purchase the Shares that it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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: Underwriting Agreement (Agree Realty Corp), Underwriting Agreement (Agree Realty Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date to purchase the Preferred Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Calamos Global Dynamic Income Fund), Underwriting Agreement (Calamos Strategic Total Return Fund)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or any Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Capital Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (AmREIT, Inc.), Underwriting Agreement (AmREIT, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date to purchase the Shares that Units which it or they are obligated to purchase under this Agreement (the “Defaulted SharesUnits”), 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 Shares Units 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 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Atlas Pipeline Partners Lp), Underwriting Agreement (Atlas Pipeline Partners Lp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Initial Closing Date Time or an Option at any Additional Closing Date Time to purchase the Firm Shares or Additional Shares hereunder that it or they are obligated to purchase under pursuant to this Agreement (the “"Defaulted Shares”"), 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 Shares in such amounts as may be agreed upon and upon the terms herein set forthforth in this Agreement; if, however, the Representatives shall have not have completed such arrangements within such 24 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (At&t Corp), Cablevision Systems Corp /Ny
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date to purchase the Shares that it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), the Representatives Representative 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 Shares 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: Underwriting Agreement (Agree Realty Corp), Underwriting Agreement (Agree Realty 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 or an Option Closing Date of Delivery to purchase the Shares that Units which it or they are obligated to purchase under this Agreement (the “Defaulted SharesUnits”), 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 Shares Units 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 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Western Refining Logistics, LP), Underwriting Agreement (World Point Terminals, LP)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Initial Shares that which it or they are obligated to purchase under this Agreement hereunder (the “Defaulted Shares”), then 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 Shares 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 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date Time or an Option Closing Date to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Colfax CORP), Underwriting Agreement (BDT Capital Partners, LLC)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date (if any) to purchase the Shares that Units which it or they are obligated to purchase under this Agreement (the “Defaulted SharesUnits”), 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 Shares Units 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 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Exterran Partners, L.P.), Underwriting Agreement (Exterran Holdings Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date (if any) to purchase the Shares Units that it or they are obligated to purchase under this Agreement (the “Defaulted SharesUnits”), 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 Shares Units 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 24-hour period, then:
Appears in 2 contracts
Samples: Underwriting Agreement (Archrock Partners, L.P.), Underwriting Agreement (Exterran Partners, L.P.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Underwriting Agreement (the “Defaulted Shares”), then 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 Shares 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 24-hour period, then:
Appears in 2 contracts
Samples: Execution Version (ViacomCBS Inc.), Underwriting Agreement (ViacomCBS Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement and the Pricing Agreement (the “"Defaulted Shares”"), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Brookdale Living Communities Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or the Date or an Option Closing Date of Delivery (if any) to purchase subscribe for the Underlying Shares that which it or they are obligated to purchase subscribe for under this Agreement (the “Defaulted Shares”), 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 underwritersunderwriters reasonably satisfactory to the Company, to purchase subscribe for all, but not less than all, of the Defaulted Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Genmab a/S)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 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 Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares Securities in such principal 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 24-hour period, then:
Appears in 1 contract
Samples: Teco Energy Inc
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesDEFAULTED SHARES”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Tortoise Energy 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 or an Option Closing Date of Delivery to purchase the Offered Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Agrium Inc)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date time of purchase to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 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 or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (BNC Bancorp)
Default by One or More of the Underwriters. If one or more of ------------------------------------------ the Underwriters shall fail at the Closing Date or an Option Closing Date Time of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement hereunder (the “"Defaulted Shares”"), 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 Shares 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 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 Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Underwriting Agreement (the “Defaulted Shares”), then 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: CBS 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 or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), the Representatives Representative 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 Shares in such amounts as may be agreed upon and upon the terms herein 38 set forth; if, however, the Representatives Representative shall not have completed such arrangements within such 24 36-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 Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), the Representatives Representative 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 Shares 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 24‑hour period, then:
Appears in 1 contract
Samples: Delek US Holdings, Inc.
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or the Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Delek US Holdings, Inc.
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement and the Pricing Agreement (the “"Defaulted Shares”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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Purchase Agreement (Putnam Municipal Opportunities Trust)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement and the Pricing Agreement (the “"Defaulted Shares”"), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Equity Office Properties Trust
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option the Additional Closing Date Date, as the case may be to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 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 Date or an Option Closing Date (if any) to purchase the Shares Units that it or they are obligated to purchase under this Agreement (the “Defaulted SharesUnits”), 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 Shares Units 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 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 First Closing Date or an any Option Closing Date to purchase the Shares that it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), the Representatives Representative 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 Shares 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 One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), the Representatives 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 Shares 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 36-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 Date Time or an a Option Closing Date to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Colfax 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 or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), the Representatives Representative(s) 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 Shares in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representatives Representative(s) shall not have completed such arrangements within such 24 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Ctpartners Executive Search LLC)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Purchase Agreement (Firsthand Technology Value Fund, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date Time or an Option Closing Date to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Colfax CORP)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesDEFAULTED SHARES”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Tortoise Energy Infrastructure 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 or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “"Defaulted Shares”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 Shares Securities in such amounts numbers 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 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 Date or an Option Closing Date Date, to purchase the Shares that Securities which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (MainStreet Bancshares, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Initial Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), then 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (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 or an Option Closing Date of Delivery to purchase the Shares that Securities which it or they are obligated to purchase under this Agreement (the “"Defaulted Shares”"), the Representatives Representative shall have the right, 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 Shares 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 36-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Enterprise 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 any Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesDEFAULTED SHARES”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Tortoise Energy Capital Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase under this Agreement and the Pricing Agreement (the “"Defaulted Shares”"), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Brookdale Living Communities 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 or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Purchase Agreement (Firsthand Technology Value Fund, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at Closing Time or a Date of Delivery, as the Closing Date or an Option Closing Date case may be, to purchase the Forward Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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: Underwriting Agreement (Healthpeak Properties, Inc.)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an any Option Closing Date to purchase the Shares that it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), the Representatives Representative 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 Shares 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 36-hour period, then:
Appears in 1 contract
Samples: CNB Financial Corp/Pa
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted SharesSecurities”), 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 Shares 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 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 any Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”"DEFAULTED SHARES"), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Tortoise Energy Capital Corp)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that which it or they are obligated to purchase at the Closing Time under this Underwriting Agreement (the “Defaulted Shares”), then 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Viacom 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 or an Option Closing Date of Delivery to purchase subscribe for the Underlying Shares that which it or they are obligated to purchase subscribe for under this Agreement (the “Defaulted Shares”), 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, reasonably satisfactory to purchase the Company, to subscribe for all, but not less than all, of the Defaulted Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Evotec SE
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date Time to purchase the Shares that Trust Preferred Securities which it or they are obligated to purchase under this Agreement (any such Underwriter, the “Defaulted SharesDefaulting Underwriter”), 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 Shares Trust Preferred Securities failed to be purchased 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 24-hour period, then:
Appears in 1 contract
Samples: Purchase Agreement (Deutsche Bank Capital Funding Trust VIII)
Default by One or More of the Underwriters. If one or more of the Underwriters shall fail at the Closing Time or a Date or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Tennessee Commerce Bancorp, 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 or an Option Closing Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “"Defaulted Shares”"), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Gabelli Dividend & Income 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 or an Option Closing Date of Delivery to purchase the Shares that Units which it or they are obligated to purchase under this Agreement (the “Defaulted SharesUnits”), 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 Shares Units in such amounts as may be agreed upon and upon the terms herein set forthforth herein; if, however, the Representatives 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. If one or more of the Underwriters shall fail at the Closing Date or an Option Closing Date (if any) to purchase the Shares Units that it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), the Units”),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 Shares Units 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 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 on the Closing Date or an Option Closing on any Date of Delivery to purchase the Shares that which it or they are obligated to purchase under this Agreement (the “Defaulted Shares”), 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 Shares 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 24-hour period, then:
Appears in 1 contract
Samples: Underwriting Agreement (Preferred Apartment Communities Inc)
